notice of regular meeting agenda lancaster city …

NOTICE OF REGULAR MEETING AGENDA LANCASTER CITY COUNCIL

MUNICIPAL CENTER CITY COUNCIL CHAMBERS 211 N. HENRY STREET, LANCASTER, TEXAS

Monday, November 9, 2015 - 7:00 PM

CALL TO ORDER

INVOCATION: Ministerial Alliance

PLEDGE OF ALLEGIANCE: Councilmember Carol Strain-Burk

CITIZENS’ COMMENTS:

At this time citizens who have pre-registered before the call to order will be allowed to speak

on any matter other than personnel matters or matters under litigation, for a length of time not

to exceed three minutes. No Council action or discussion may take place on a matter until

such matter has been placed on an agenda and posted in accordance with law.

CONSENT AGENDA: Items listed under the consent agenda are considered routine and are generally enacted in one motion. The exception to this rule is that a Council Member may request one or more items to be removed from the consent agenda for separate discussion and action.

C1. Consider approval of minutes from the City Council Special Meeting held on October 19, 2015.

C2. Consider a resolution authorizing the Mayor to sign a ballot casting the City’s vote for the fourth member of the Board of Directors of the Dallas Central Appraisal District.

C3. Consider a resolution approving the Third Addendum to the Solid Waste Collection and Disposal Recyclable Materials Collection Contract with Republic Services dated February 19, 2001; to extend the term of this agreement for one (1) month, to provide for a termination date of January 31, 2016; authorizing the City Manager to execute said addendum.

PUBLIC HEARING:

4. Conduct a public hearing and consider a resolution approving the 2016 Standards of Care for Youth Programs operated by the Recreation Division of the City of Lancaster Quality of Life & Cultural Services Department; providing a repealing clause; providing a severability clause; and providing an effective date.

EXECUTIVE SESSION:

5. City Council shall convene into closed executive session to consult with City Attorney to seek legal advice, pursuant to § 551.071 of the TEXAS GOVERNMENT CODE, concerning the development by ridge along Dallas Avenue in the City of Lancaster, Texas.

6. Reconvene into open session. Consider and take appropriate action(s), if any, on closed/executive session matters. 1

City Council Agenda November 9, 2015

ADJOURNMENT

EXECUTIVE SESSION: The Council reserves the right to convene into executive session on any posted agenda item pursuant to Section 551.071(2) of the TEXAS GOVERNMENT CODE to seek legal advice concerning such subject.

ACCESSIBILITY STATEMENT: The Municipal Center is wheelchair-accessible. For sign interpretive services, call the City Secretary’s office, 972-218-1311, or TDD 1-800-735-2989, at least 72 hours prior to the meeting. Reasonable accommodation will be made to assist your needs.

Certificate

I hereby certify the above Notice of Meeting was posted at the Lancaster City Hall on November 5, 2015 @ 4:15 p.m. and copies thereof were provided to the Mayor, Mayor Pro-Tempore, Deputy Mayor Pro-Tempore and Council members. _________________________________________________________________________________ Sorangel O. Arenas City Secretary

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LANCASTER CITY COUNCIL Agenda Communication November 9, 2015

________________________________________________________

Consider approval of minutes from the City Council Special Meeting held

on October 19, 2015.

Background

Attached for your review and consideration are minutes from the:

City Council Regular Meeting held October 19, 2015

________________________________________________________

Submitted by: Sorangel O. Arenas, City Secretary

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MINUTES

LANCASTER CITY COUNCIL MEETING OF OCTOBER 19, 2015 The City Council of the City of Lancaster, Texas, met in a called Special session at the James R. Williams Pump Station on October 19, 2015 at 7:04 p.m. with a quorum present to-wit: Councilmembers Present: Mayor Marcus E. Knight Carol Strain-Burk Deputy Mayor Pro Tem Stanley Jaglowski Marco Mejia Councilmembers Absent: Mayor Pro Tem James Daniels LaShonjia Harris Nina Morris City Staff Present: Opal Mauldin-Robertson, City Manager Rona Stringfellow, Assistant City Manager Fabrice Kabona, Assistant to the City Manager Dori Lee, HR Director Jim Brewer, Public Works Director Ed Brady, Director of Economic Sam Urbanski, Police Chief Allen Carsner, Streets/Stormwater Superintendent Thomas Griffith, Fire Chief Alton Dixon, Purchasing Agent Jermaine Sapp, Fleet Superintendent Cynthia Pearson, Finance Director Baron Sauls, Assistant Finance Director Trina Nance, Administrative Secretary Angie Arenas, City Secretary

Call to Order: Mayor Knight called the meeting to order at 7:04 p.m. on October 19, 2015. Mayor Knight pulled item 4 to be placed on the next meeting. City Secretary Arenas read the consent agenda. 1. Consider a resolution to approve a Project Specific Interlocal Agreement with

Dallas County for the purposes of Roadway Striping within the jurisdictional limits

of the City of Lancaster, Texas.

2. Discuss and consider a resolution approving the terms and conditions of an

agreement by and between Teague Nall and Perkins, Inc. for professional

engineering services of Lancaster Hutchins Road and Rogers Avenue.

3. Discuss and consider a resolution approving the terms and conditions of an

interlocal agreement by and between the City of Lancaster and the North Central

Texas Council of Governments (NCTCOG) for the purpose of actuarial services.

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4. Discuss a resolution authorizing the award of bid #2015-3 for Danieldale Road

Improvements to Tiseo Paving Company for an amount not to exceed $5,299,394.15

5. Discuss and consider a resolution to support the Regional Transportation

Council’s (RTC) resolution to support Statewide Proposition 7.

Councilmember Strain-Burk pulled item 2.

MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Mejia, to approve consent items excluding item 2 and item 4. The vote was cast 4 for, 0 against [Mayor Pro Tem Daniels, Councilmember Harris, and Councilmember Morris absent]. Councilmember Strain-Burk inquired as to the estimated planning and construction time frame of the Lancaster Hutchins Road and Rogers Avenue project.

City Manager Mauldin-Robertson advised that Exhibit A of the agreement outlines the estimate

timeframe.

MOTION: Councilmember Strain-Burk made a motion, seconded by Councilmember Mejia, to approve item 2. The vote was cast 4 for, 0 against [Mayor Pro Tem Daniels, Councilmember Harris, and Councilmember Morris absent].

MOTION: Councilmember Strain-Burk made a motion, seconded by Deputy Mayor Pro Tem Jaglowski, to adjourn. The vote was cast 4 for, 0 against [Mayor Pro Tem Daniels, Councilmember Harris, and Councilmember Morris absent]. The meeting was adjourned at 7:09 p.m. ATTEST: APPROVED: _____________________________ _____________________________ Sorangel O. Arenas, City Secretary Marcus E. Knight, Mayor

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________________________________________________________

Consider a resolution authorizing the Mayor to sign a ballot casting the

City’s vote for the fourth member of the Board of Directors of the Dallas

Central Appraisal District.

________________________________________________________

This request supports the City Council 2015-2016 Policy Agenda.

Goal: Healthy, Safe and Vibrant Neighborhoods

________________________________________________________

Background In accordance with the Property Tax Code, Section 6.03, each incorporated city or town, except the City of Dallas [which appoints one member], has the right to cast a vote by an official resolution for one candidate from the candidates nominated as the fourth member of the Dallas Central Appraisal District Board of Directors.

The Dallas Central Appraisal District has submitted the following nominations:

Nominating Entity(s)

Mr. Loren Byers Irving Mr. Blake Clemens Addison, Carrollton Mr. Steven Gorwood Balch Springs Mr. Michael Hurtt (incumbent) Cedar Hill, DeSoto, Farmers Branch, Ovilla, Richardson,

Sachse

Considerations

Operational – The term of office is for two years beginning in January 2016.

Legal – State law requires the City to vote for the candidate of their choice by official ballot resolution (attached) no later than December 15, 2015.

Financial – There is no financial impact to the City in casting the official ballot.

Public Information - This item is being considered at a meeting of the City Council noticed in accordance with the Texas Open Meeting Act.

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Agenda Communication November 9, 2015 Page 2

Options/Alternatives

1. With a majority of votes for a candidate, Council may authorize the Mayor to cast the

City’s vote for the nominee of their choice. 2. The City of Lancaster is not able to cast a ballot for a Board member without taking action

through an official ballot resolution. The Dallas Central Appraisal District urges each municipality to cast its vote because a candidate must receive a majority of the votes in order to be elected to the Board of Directors.

Recommendation

Selection of a board member is at the Council’s pleasure.

Attachments

Resolution casting ballot Letter from Dallas County Appraisal District outlining process and nominees

________________________________________________________


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LANCASTER

Lancaster

Lancaster

,

,

SORANGEL O. ARENAS

MARCUS E. KNIGHT

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Received on 10-26-15

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________________________________________________________

Consider a resolution approving the Third Addendum to the Solid Waste

Collection and Disposal Recyclable Materials Collection Contract with

Republic Services dated February 19, 2001; to extend the term of this

agreement for one (1) month, to provide for a termination date of January

31, 2016; authorizing the City Manager to execute said addendum.

________________________________________________________


Goal 1: Financially Sound, City Government.

________________________________________________________

Background

At the August 10, 2015 work session, the City Council received a presentation regarding the proposals received for solid waste and recycle services. The existing solid waste contract is scheduled to expire December 31, 2015. In effort to facilitate a smooth and efficient transition process, the City is proposing the existing contract remain in place for one additional month, with a termination date of January 31, 2016. This will prevent any interference that may result from the holiday period and allow enough time for the new contract implementation process.

Considerations

Operational – Republic Services will provide waste and recycle collection services until January 31, 2016.

Legal – The City Attorney has prepared, and approved as to form the addendum.

Financial – The terms of the agreement will remain and no additional cost will be incurred.

Public Information – This item is being considered at a meeting of the City Council noticed in accordance with the Texas Open Meeting Act.


1. City Council may approve the resolution 2. City Council may deny the resolution

Recommendation Staff recommends approval of the resolution as presented.

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Attachments

Resolution Third Addendum to Solid Waste Collection and Disposal Agreement

________________________________________________________

Submitted by: Fabrice Kabona, Assistant to the City Manager Opal Mauldin-Robertson, City Manager

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY LANCASTER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE THIRD ADDENDUM TO THE SOLID WASTE COLLECTION AND DISPOSAL AGREEMENT WITH REPUBLIC WASTE SERVICES; AUTHORIZING THE CITY MANAGER TO SIGN; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Lancaster, Texas (hereinafter referred to as the “City”) entered into a Solid Waste Collection and Disposal Agreement dated February 19, 2001, and an Addendum dated December 12, 2005, and a Second Addendum dated February 9, 2010, (hereinafter “the Agreement”) with Republic Waste Services of Texas, Ltd. d/b/a Republic Services of Dallas, f/k/a Allied Waste Services (hereinafter “Contractor”); and WHEREAS, the City and the Contractor (hereinafter “the Parties”) desire to extend the term of this Agreement for one (1) month, to provide for a termination date of January 31, 2016; and

WHEREAS, the City Council of the City of Lancaster finds it to be in the public interest to approve the Third Addendum to the Agreement, extending the term for one month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, THAT: SECTION 1. The City hereby approves the Third Addendum to the Solid Waste Collection and Disposal Agreement, which is attached hereto and incorporated herein by reference as Exhibit “A”; and that the City Manager is authorized to execute such Agreement. SECTION 2. This resolution shall become effective immediately upon approval.

DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 9th day of November, 2015. ATTEST: APPROVED: ____________________________ ________________________________ Sorangel O. Arenas, City Secretary Marcus E. Knight, Mayor APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney

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EXHIBIT “A”

CITY OF LANCASTER/REPUBLIC WASTE SERVICES OF TEXAS, LTD. D/B/A REPUBLIC SERVICES OF DALLAS

THIRD ADDENDUM TO SOLID WASTE COLLECTION AND DISPOSAL AGREEMENT- PAGE 1

STATE OF TEXAS §

§ Third Addendum to Solid Waste Collection

COUNTY OF DALLAS § and Disposal Agreement

This THIRD AMENDMENT TO SOLID WASTE COLLECTION AND DISPOSAL

AGREEMENT (“Third Amendment”) is made and entered into by and between the City of

Lancaster, Texas (“City”) and Republic Waste Services of Texas, Ltd. d/b/a Republic Services of

Dallas, f/k/a Allied Waste Services (“Contractor”), (collectively referred to as “Parties” and

individually as a “Party”), acting by and through their authorized representatives.

WHEREAS, the Parties previously entered into that certain Solid Waste Collection and

Disposal Agreement dated February 19, 2001, and an Addendum dated December 12, 2005, and

a Second Addendum dated February 9, 2010 (the “Agreement”); and

WHEREAS, the parties desire to amend the Agreement as set forth herein;

NOW THEREFORE, in exchange for the mutual promises contained herein and other

valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the

Parties agree as follows:

1. That the Agreement, in accordance with Section 8.00, is scheduled to terminate

on December 31, 2015. The Parties hereby agree to extend the Term for one (1) additional

month, with a termination date of January 31, 2016.

2. In the event of an inconsistency between this Third Addendum and the terms of

the Agreement, this Third Addendum shall govern.

3. The Agreement, as amended by this Third Addendum, shall continue in full force

and effect.

(Signature page to follow)

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EXHIBIT “A”

CITY OF LANCASTER/REPUBLIC WASTE SERVICES OF TEXAS, LTD. D/B/A REPUBLIC SERVICES OF DALLAS

THIRD ADDENDUM TO SOLID WASTE COLLECTION AND DISPOSAL AGREEMENT- PAGE 2

EXECUTED this _______ day of __________________________, 2015

City of Lancaster, Texas

By: ____________________________________

Opal Mauldin-Robertson, City Manager

APPROVED AS TO FORM:

By: ____________________________

Robert E. Hager

EXECUTED this _______ day of _____________________, 2015

Republic Waste Services of Texas, Ltd. d/b/a

Republic Services of Dallas

By: ____________________________________

Name: ____________________________________

Title: ____________________________________

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________________________________________________________

Conduct a public hearing and consider a resolution approving the 2016

Standards of Care for Youth Programs operated by the Recreation

Division of the City of Lancaster Quality of Life & Cultural Services

Department.

________________________________________________________


Goal: Healthy, Safe and Vibrant Neighborhoods

________________________________________________________

Background Chapter 42 of the Human Resources Code, which regulates certain facilities, homes, and agencies that provide child-care services, states that municipal youth recreation programs may be exempted from the state’s licensing requirement if cities comply with the provisions of the legislation. The legislation requires that cities establish and annually review their Parks and Recreation Department Standards of Care for Youth Programs and conduct a public hearing to allow citizen input.

The current Standards of Care was reviewed and no changes were recommended. The Parks and Recreation Advisory Board during a regular stated meeting on October 19, 2015 recommended approval.

Considerations

Operational - The Standards of Care policies clearly identify the staff responsibilities, department policies and procedures, parent’s responsibilities, authorization forms required for participation in various activities and necessary contact information.

Legal - Formal annual adoption of the Standards of Care for Youth Programs is required by the State of Texas. Failure to adopt a Standards of Care would result in termination of after school programs and day camps. The City Attorney has reviewed and approved the attached resolution and Standards of Care policies and procedures as to form.

Financial - There are no costs associated with adoption of the Standards of Care.

Public Information - A public hearing is required to receive citizen input regarding the Standards of Care. The public hearing was noticed in accordance with the Texas Open Meetings Act.

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1. City Council may conduct the Public Hearing and approve the resolution as presented and as recommended by the Parks and Recreation Advisory Board.

2. City Council may conduct the Public Hearing and approve the resolution with modifications to the Standards of Care.

3. City Council may conduct the Public Hearing and reject the resolution or take no action which will terminate all City Youth After School and/or Day Camp programs.

Recommendation

Staff recommends approval of the resolution adopting the Standards of Care for Youth Programs operated by the Lancaster Quality of Life & Cultural Services (Parks and Recreation) Department as presented.

Attachments

Resolution Proposed 2016 Standards of Care for Youth Programs operated by the Quality of Life & Cultural Services (Parks and Recreation) Department Parks & Recreation Advisory Draft Board Minutes (10-19-15) State of Texas Child Care Standards

________________________________________________________

Submitted by: Sean Johnson, Managing Director Quality of Life & Cultural Services

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, APPROVING THE 2016 STANDARDS OF CARE POLICIES FOR YOUTH PROGRAMS OPERATED BY THE LANCASTER QUALITY OF LIFE & CULTURAL SERVICES (PARKS AND RECREATION) DEPARTMENT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Mayor and City Council of the City of Lancaster desire the Quality of Life & Cultural Services (Parks and Recreation) Department to operate Youth Programs for citizens of Lancaster; and WHEREAS, state law exempts from regulation city sponsored youth programs from licensing requirements where the City has adopted a youth standard of care policy providing (a) standards relating to staff ratios, staff training, health, and safety; (b) a mechanism for monitoring and enforcing the standards and receiving complaints from parents of enrolled children; (c) does not advertise as or otherwise represent the program as a child-care facility, day care center, or licensed before-school or after-school program or that the program offers child care services; (d) informs parents that the program is not licensed by the state; (e) does not solicit donations as compensation or payment for any good or service provided as part of the program and, (f) conducts background checks for all program employees and volunteers who work with children in the program using information that is obtained from the Department of Public Safety; and

WHEREAS, the legislation requires that cities establish and annually review their Park and Recreation Department Standards of Care for Youth Programs and conduct public hearings to allow citizen input; and WHEREAS, the City has adopted an ordinance which provides that after public hearing, the city council will annually approve such standards of care; and WHEREAS, the city council has held a public hearing to receive citizen input regarding the 2016 Standards of Care for Youth Programs operated by the City of Lancaster Quality of Life & Cultural Services (Parks and Recreation) Department; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, TEXAS, THAT: SECTION 1. The City Council hereby adopts the 2016 Standards of Care for Youth Programs, which is attached hereto and incorporated herein as Exhibit A. SECTION 2. That all resolutions of the City of Lancaster heretofore adopted which are in conflict with the provisions of this resolution be, and the same are hereby repealed, and all resolutions of the City of Lancaster not in conflict with the provisions hereof shall remain in full force and effect.

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SECTION 3. If any article, paragraph, subdivision, clause or provision of this resolution, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this resolution as a whole or any part or provision thereof, as amended hereby, other than the part so declared to be invalid or unconstitutional. SECTION 4. That this Resolution shall take effect immediately from and after its passage, as the law and charter in such cases provide.

DULY PASSED and approved by the City Council of the City of Lancaster, Texas, on this the 9th day of November, 2015. ATTEST: APPROVED: ____________________________ ________________________________ Sorangel O. Arenas, City Secretary Marcus E. Knight, Mayor APPROVED AS TO FORM: ____________________________ Robert E. Hager, City Attorney

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City of Lancaster

Quality of Life & Cultural Services Department

(Parks & Recreation Division)

2016 Standards of Care

For Youth Programs

Parks and Recreation Department 1700 Veterans Memorial Parkway

Lancaster, TX 75134 (972) 218-3700

(972) 218-3648 (Fax)

www.lancaster-tx.com

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Table of Contents Standards of Care General Administration 3 Organization 3 Definitions 3 Inspections/Monitoring/Enforcement 4 Enrollment 5 Suspected Abuse 5 Staffing – Responsibilities and Training 5 Youth Program Leader Qualifications 5 Leader Responsibilities 6 Training/Orientation 6 Service Standards 6 Appearance and Behavior 6 Communication with Parents 6 Additional Staff Responsibilities 7 Operations 7 Staff/Participant Ratio 7 Discipline 7 Programming 7 Communication 8 Transportation 8 Facility Standards 8 Safety 8 Fire 9 Health 9

General Information for Summer Camp Programs 11 Camp Registration Packet 18

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LANCASTER YOUTH PROGRAMS

STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of the City of Lancaster, Texas to comply with Senate Bill 212 as approved by the Texas Legislature during the 74 legislative sessions. The Standards of Care are intended to be minimum standards by which the City of Lancaster Parks and Recreation Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not day care programs. General Administration

1. Organization

A. The governing body of the City of Lancaster Youth Programs is the City of Lancaster City Council.

B. Implementation of the Youth Program Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees.

C. Youth Programs ("Program") to which these Standards will apply include the Summer Day Camp Program, After School Care Program and the Holiday Day Camp Program.

D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care.

E. Parents of participants will be provided a current copy of the Standards of Care during the registration process.

F. Criminal background checks will be conducted on prospective Youth Program employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment:

1. A felony or a misdemeanor classified as an offense against a person or family. 2. A felony or misdemeanor classified as public indecency. 3. A felony or misdemeanor violation of any law intended to control the possession or

distribution of any controlled substance. 4. Any offense involving moral turpitude. 5. Any offense that would potentially put the City of Lancaster at risk.

2. Definitions

A. City: City of Lancaster B. City Council: City Council of the City of Lancaster C. Department: Parks and Recreation Department of the City of Lancaster D. Youth Programs or Program: City of Lancaster Youth Programs consisting of the After

School Programs, the Summer Day Camp Programs, Holiday Break Day Camp Programs, and ongoing recreational program offerings.

E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of Lancaster Youth Programs.

F. Director: City of Lancaster Parks and Recreation Department Director or his or her designee.

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G. Program Coordinator or Coordinator: City of Lancaster Parks and Recreation Department full-time programmer who has been assigned administrative responsibility for a City of Lancaster Youth Program.

H. Program Leader or Leader: City of Lancaster Parks and Recreation Department full-time or part-time employee who has been assigned responsibility to implement the City's Youth Programs.

I. Program Site: Area and facilities where City of Lancaster Youth Programs is held, consisting of, but not limited to: Lancaster Parks and Recreation sites and Lancaster Independent School District sites as required.

J. Participant: A youth whose parent(s) or legal guardian(s) have completed all required registration procedures and determined to be eligible for a City of Lancaster Youth Program.

K. Parent(s): This term will be used to represent one or both parent(s) or legal guardian(s) who have legal custody and authority to enroll their child(ren) in City of Lancaster Youth Programs.

L. Employee(s): Term used to describe people who have been hired to work for the City of Lancaster and have been assigned responsibility for managing, administering, or implementing some portion of the City of Lancaster Youth Programs.

M. Recreation Center or Center: The Lancaster Recreation Center located at 1700 Veterans Memorial Parkway, Lancaster, TX 75134, (972) 218-3700.

3. Inspections/Monitoring/Enforcement

A. The Coordinator of each Program to confirm the Standards of Care are being adhered to

will initiate a monthly inspection report.

1. Inspection reports will be sent to the Director or his/ her designee for review and kept on record for at least two years.

2. The Director or his/ her designee will review the report and establish deadlines and criteria for compliance with the Standards of Care.

B. The Director will make visual inspections of the Program based on the following

schedule.

1. The Summer Day Camp Program will be inspected twice during its summer schedule. 2. The Holiday Day Camp Program will be inspected once during the winter break and

once during the spring break.

C. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problem(s). The Coordinator will record complaints regarding enforcement of the Standards of Care and their resolution. The Director will address serious complaints regarding enforcement of the Standards of Care and the complaint and the resolution will be noted.

D. The Director or his/ her designee will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care.

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4. Enrollment

A. Before a child can be enrolled, the parents must sign registration forms that contain the child's:

1. name, home address, home telephone number; 2. name and address of parent(s) or legal guardian(s) and telephone during program

hours; 3. the names and telephone numbers of people to whom the child can be released; 4. a statement of the child's special problems or needs; 5. emergency medical authorization; 6. proof of residency when appropriate; and 7. a liability waiver.

5. Suspected Abuse

Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In a case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor. The Recreation Supervisor will immediately notify the Police Department and any other agency as may be appropriate.

Texas state law requires the staff of these youth Programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fines up to $1000 and/or confinement up to 180 days. Confidential reports may be reported by calling 1-800-252-5400 (The Texas Abuse Hotline of the Department of Family and Protective Services).

Staffing - Responsibilities and Training

1. Youth Program Leader ("Leader") Qualifications

A. Leaders will be full-time, part-time, or temporary employees of the Parks and Recreation Department.

B. Staff working with children must be age 18 or older. C. Must be able to consistently exhibit competency, good judgment, and self-control when

working with children. D. Must relate to children with courtesy, respect, tolerance, and patience. E. Must have successfully completed a course in first aid and CPR based on either

American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work.

F. Must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date.

G. Must pass a background investigation to include testing for illegal substances. H. Must be mature, responsible, and able to complete duties with minimal supervision. I. Must have a high school diploma or GED.

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J. Must be able to communicate well with the public and skilled at interacting with children.

K. Must be skilled in supervising children of varying age levels in a group setting. L. Must have a valid Texas driver’s license and eligible for a CDL. M. Must pass a departmental criminal background check and drug screening. N. Must have previous experience in supervising children and possess knowledge of

recreational games, crafts, and activities. O. Must have First Aid and CPR certification during orientation. P. Must complete departmental day camp staff training.

2. Leader Responsibilities

A. Provide participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers.

B. Know and follow all City, Departmental, and Program standards, policies, and procedures that apply to City Of Lancaster Youth Programs.

C. Ensure that participants are released only to a parent or an adult designated by the parent. All Program Sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if the Leader does not know that person.

3. Training/Orientation

A. The Department is responsible to provide training and orientation to Program

employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program.

B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council.

C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the General Program Information section of this document.

D. Program employees will be trained in appropriate procedures to handle emergencies. E. Program employees will be trained in areas including City, Departmental, and Program

policies and procedures, provision of recreation activities, safety issues, child psychology, and organization.

F. Program employees will be required to sign an acknowledgment that they received the required training.

Service Standards

A. Appearance and Behavior

1. Staff shirts and name badges will be worn and clearly visible. 2. Participants and parents will be treated with respect at all times.

B. Communication with Parents

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1. Staff will keep parents continuously informed of activities and schedules. A weekly schedule will be distributed and copies will be kept with the daily sign in sheets.

2. Staff will note details of behavior of participants (accomplishments, discipline problems, general activities, etc.) and update parents regularly.

C. Additional Staff Responsibilities

1. Staff will monitor the sign in/out log at all times. 2. Staff will spend 100% of their time actively involved with participants and/or parents. 3. Staff will attempt to answer any complaints at the site and resolve all problems.

Situations that cannot be resolved on site by staff will be passed to a supervisor immediately. All complaints will be addressed within 24 hours if they are not resolved on site.

4. Prior to beginning work each day, all staff will check in at the appointed location for any messages, instructions, or information.

Operations

1. Staff/Participant Ratio

A. In a Lancaster Youth Program, the standard ratio of participants to Leaders will be 20 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned.

B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant’s habits, interests and any special problems as identified by the participant’s parent(s) during the registration process.

C. At no time will a Program employee be alone with a child.

2. Discipline

A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants.

B. There must be no cruel or harsh punishment or treatment. C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent(s) of

participants. Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents.

E. A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in a participant being suspended from the Program.

F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible.

G. Any person(s) creating a nuisance, causing a disturbance, or creating an unsafe environment at any program site will be subject to ejection from the site, possible arrest, and legal action.

H. The department reserves the right to terminate a participant from the program if they exhibit severe or extreme behavioral problems, which prevent staff from effectively administering the Program.

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3. Programming

A. Program employees will attempt to provide activities for each group according to participants’ age, interests, and abilities. The activities must be appropriate to participants’ health, safety, and well-being. The activities also must be flexible and promote the participants’ emotional, social, and mental growth.

B. Program employees will attempt to provide indoor and outdoor time periods that include:

1. Alternating active and passive activities; 2. Opportunity for individual and group activities; 3. Outdoor time each day weather permitting.

C. Program employees will be attentive and considerate of the participants’ safety on field trips

and during any transportation provided by the Program.

1. During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact information for each participant;

2. Program employees must have a written list of the participants in the group and must check the attendance frequently;

3. Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips.

4. Communication

A. Program site will have a telephone to allow the site to be contacted by Recreation Center

personnel. Each site will have access to a telephone for use in contacting the Recreation Center or making emergency calls

B. The Coordinator will post the following telephone numbers adjacent to a telephone accessible

to all Program employees at each site:

1. Lancaster ambulance or emergency medical services; 2. Lancaster Police Department; 3. Lancaster Fire; 4. Lancaster Recreation Center; 5. Numbers at which parents may be reached; 6. The telephone number for the site itself.

5. Transportation

A. Before a participant can be transported to and from City sponsored activities, a

transportation form must be completed by the parent of the participant and filed with the Coordinator

B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children.

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C. All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants.

Facility Standards

1. Safety

A. Program employees will inspect Youth Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A daily inspection report will be completed by the Program staff and kept on file by the Program Coordinator.

B. Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants.

C. Program equipment and supplies must be safe for the participant's use. D. Program employees must have first aid supplies available at each site, during

transportation, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants'

reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be

equipped with railings participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively

pliable material. H. Program employees must have first aid supplies readily available to staff in a designated

location. Program employees must have an immediately accessible guide to first aid and emergency care.

2. Fire

A. In case of fire, danger of fire, explosion, or other emergency, Program employees’ first

priority is to evacuate the participants to a designated safe area. B. The Program site will have an annual fire inspection by the local Fire Marshall, and the

resulting report will detail any safety concerns observed. The report will be forwarded to the Director who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Director's annual report to the Council.

C. Each Program site must have at least one fire extinguisher approved by the Fire Marshall readily available to all Program employees. The fire extinguisher is to be inspected monthly by the Program Coordinator, and a monthly report will be forwarded to the coordinator's supervisor who will keep the report on file for a minimum of two years. All Youth Program staff members will be trained in the proper use of fire extinguisher.

D. Fire drills will be initiated at Program sites based on the following schedule:

1. Summer Day Camp Program: A fire drill twice during the entire summer session. 2. Holiday Day Camp: A fire drill once during the fall and spring sessions.

3. Health

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A. Illness or Injury

1. A participant who is considered a health or safety concern to other participants or staff will not be admitted to the Program.

2. Illnesses and injuries will be handled in a manner to protect the health of all participants and employees.

3. Program employees will follow plans to provide emergency care for injured participants or for participants with symptoms of an acute illness as specified in the Program manual.

4. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease.

B. Program employees will administer medication only if:

1. Parent(s) complete and sign a medication form that provides authorization for staff to

dispense medication with details as to times and dosages. The form will include a hold harmless clause to protect the City.

2. Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name. Program staff members will administer the medication only as stated on the label. Program staff will not administer medication after the expiration date.

3. Nonprescription medications are labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. The Program staff will administer it only according to label direction.

4. Medications dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees. The Program employees will administer no injections.

5. Program employees must ensure medications are inaccessible to participants. No refrigeration will be provided.

C. Toilet Facilities

1. The Program site will have inside toilets located and equipped so children can use

them independently and program staff can supervise as needed. 2. There must be one flush toilet for every 30 children. Urinals may be counted in the

ratio of toilets to children, but must not exceed 50% of the total number of toilets. 3. An appropriate and adequate number of lavatories will be provided.

D. Sanitation

1. The Program facilities must have adequate light, ventilation, and heat. 2. The Program must have an adequate supply of water meeting the standards of the

Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner.

3. Program employees must see that garbage is removed from buildings daily.

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City of Lancaster


Parks & Recreation Division

2016

General Information For Youth Camp Programs

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General Program Information

Registration Procedures

Registration for Lancaster Youth Programs is on a first come, first serve basis with limited enrollment. Registration must be done by the child(ren)’s parent or legal guardian. All participants must be toilet trained to participate in a Youth Program. Parents/legal guardians will be required to purchase Participant Membership Card, pay the first installment and any activity fees at registration. Please see the section for Summer Day Camp Program fees in the current Lancaster Connection or visit the Parks and Recreation page at www.lancaster-tx.com. Participant’s Information Files Parents/legal guardians must complete a set of registration forms for each child. The registration forms include the child’s personal information, emergency information, authorized persons to release the child(ren) to, a medical release, and a liability waiver. The registration forms must indicate whether the child’s shot record is on file at their school; if not, a copy of the shot record must be provided to be kept on file at the Recreation Center. A copy of these forms will be kept on file at the Recreation Center and a copy will be kept in the child’s group binder. A parent/legal guardian may be removed by the other parent/legal guardian from the pick up list only with approved court documentation. The City Attorney may review court documents. Parents are responsible for providing Leaders or the Recreation Center office staff with updated information in writing. Registration forms are not carried over from program to program. A new set of forms is required at registration for each program. Parents may stop by the Recreation Center to pick up registration forms or ask any additional information on programs. Attendance Parent(s) or legal guardian(s) of children who are enrolled in a Youth Program will check in with program employees upon arrival to the Program. The City is not responsible for participants until they have been checked in to the Program. When a child is absent, the parent should call the Recreation Center at (972) 218-3700 to inform staff of the absenteeism. Staff will not call parents to verify an absence if the child is not in attendance. Late Pick Up

Youth Summer camp and Seasonal Camp programs end at 6:00 pm. After School Program ends at 6:30pm.The first incident will result in a written reminder to the parents. Further incidents will result in a $5.00 late charge for every 10-minute period after 6:00 pm. (or) 6:30pm for after school program.

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Being late three times in a 30-day period could be cause for termination from the Program. Not paying the late fees within one week of the incident may result in termination from the program. Appeals can be made to the Recreation Supervisor or Recreation Superintendent. Discipline Policy

Disciplinary action will be taken when a child acts inappropriately, is disruptive, verbally or physically abusive, or creates a safety concern. Children will be warned and/or placed in time-out. If the behavior continues or is severe, the child will receive a Behavioral Report. Behavioral Reports are to be signed by the parent/legal guardian. Suspensions and terminations are determined by the severity of the incident and/or the number of Behavioral Reports issued. Suspensions and terminations will have Recreation Superintendent Approval before being implemented, unless the parent requests immediate enforcement. Suspensions and terminations include all Lancaster Parks & Recreation Youth Programs.

1st Behavioral Report – Parent/legal guardian signs and receives a copy of the report. 2nd Behavioral Report – Parent/legal guardian signs and receives a copy of the report. The Program Coordinator will contact the parent to set up a conference. The mandatory conference is held with the parent/legal guardian, child, and Recreation Supervisor to discuss the reports. The parent/legal guardian and child are reminded the next report may result in a one-week suspension. If the parent/legal guardian does not respond to the request for a conference within five days, a written notice will be sent home to inform the parent/legal guardian that the two Behavioral Reports remain and the next Behavioral Report may result in a one-week suspension from the program. 3rd Behavioral Report – Parent/legal guardian signs and receives copy of report. Upon Recreation Superintendent Approval, the parent may have one business day grace period before the suspension begins. During the suspension period, the child will not be eligible to be registered for other youth programs. When the suspension period is completed, the child may register for other youth programs if space is available or may be placed on the waiting list. Refunds will not be issued for days the child serves on suspension. Parents will be responsible for staying current on program fees. 4th Behavioral Report – The parent signs and receives a copy of report. Upon Recreation Superintendent Approval, the parent may have one business day grace period before the termination begins.

The Parks & Recreation Department reserves the right to accelerate disciplinary steps as determined necessary. Three months after being terminated from City of Lancaster Youth Programs, the parent may submit a written request to the Recreation Superintendent requesting the child be considered eligible for re-enrollment into the Lancaster Youth Programs. A meeting may be held between the

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parent/legal guardian, child, Recreation Superintendent and the Program Coordinators to determine if the child will regain eligibility for enrollment. Eligibility may or may not be regained. A written response will be sent from the Recreation Superintendent to the parent/legal guardian regarding the decision. A child who has been terminated from the Lancaster Youth Programs will not be eligible for enrollment or participation in any Lancaster Youth Programs unless eligibility has been regained. Children terminated from the Lancaster Youth Programs and who have already been registered for an upcoming Lancaster Youth Program will be removed from the upcoming program and fees refunded. If the child regains eligibility to enroll in Lancaster Youth Programs, then the child may register if space is available or may be placed on the waiting list. When the probation period ends, the child will return to the normal disciplinary steps. Two terminations in a calendar year may result in permanent termination from Lancaster Youth Programs. Parent Release/Sign Out

The registration form includes a section for the parent/legal guardian to provide the names of those persons allowed to pick up their child (ren) from the youth program. Driver’s license numbers are to be supplied for each authorized person, including the parent/legal guardian. Registration forms are not carried over from program to program. A new set of forms is required at registration for each program. For security reasons, staff may not give out information over the phone. The following procedures will be followed at all times:

a. When a parent/legal guardian picks up the child (ren), they are to sign the child (ren) out. Beckoning or waiving for the child (ren) to come out to the car is not acceptable.

b. Identification may be requested. When an unauthorized person picks up a child, the following procedures will be followed:

a. Leaders will ask for identification from anyone with whom they are not familiar. b. The sign out policy will be explained. c. The parent/legal guardian will be called at work or at home to inform them of the person

on site asking to pick up their child (ren). The parent or guardian will be asked for their driver’s license number to verify that staff is speaking to parent/legal guardian.

d. The parent/legal guardian will be asked to grant permission for their child (ren) to be released to the person on site. The parent or guardian will be asked to fax a signed permission letter to the Recreation Center at (972) 218-3648.

e. Once permission is granted, the child will be released to the person on site. f. If the parent/legal guardian cannot be reached or does not grant permission, the child will

not be released to the unauthorized person. g. If the unauthorized person takes the child (ren) without permission, the police will be

notified and the situation will be handled as a criminal incident.

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Visitors/Drop Ins

Parents/legal guardians are welcome to drop in and observe the program. Parents/legal guardians signing out their child (ren) should leave the program once child (ren) has been signed out. Withdrawal Procedures

Any parent/legal guardian requesting to withdraw their child (ren) from a Youth Program must fill out a drop form at the time of departure. Drop forms will be available at the main office of the Recreation Center or may be requested by fax. Any child (ren) withdrawn from the program may be readmitted only as space allows. Illness of Participants

Parents are responsible for informing the City of any special needs, concerns or information regarding their child (ren)’s health. All participants must be able to participate in the full range of activities offered. Any child meeting any of the following criteria will not be admitted to any program:

a. If the illness prevents the child from participating comfortably in the program activities. b. If the illness results in greater need for care than the staff can provide without

compromising the health, safety, and supervision of the other children or staff. c. If the child has an oral temperature of 100.4 degrees or greater. d. If the child’s symptoms and signs of possible severe illness include, but not limit to, the

following: lethargy, uncontrolled breathing, uncontrolled diarrhea, vomiting illness, rash with fever, mouth sores with drooling, or wheezing. The participant will not be admitted back into the program until staff is comfortable that the child can be included in the Program activities.

e. If the child has been diagnosed with a communicable disease, until medical evaluation determines the child is no longer communicable.

f. If the child vomited in the morning prior to coming to program. g. If the child has discolored nasal discharge.

Participants with extensive sunburns (open sores, blisters) will be allowed into the Program, but will not be allowed to participate in any swimming activities until the area is completely healed. Participants with a communicable disease, such as pink eye or lice, may not attend the program. Participants showing symptoms of illness will be removed from common areas and the parent will be notified and asked to pick up the child. Participants with lice will be required to return a form, signed by the parent, stating an initial treatment and a follow up treatment for lice have been applied. The receipt or the product’s label must be attached to the signed treatment form. Participants may not return to the program until this signed form is on file. A copy of the form may be found in the Supplement section or at the main office. Participants with reoccurring head lice may be removed from the program at the Coordinator’s discretion.

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Parents/legal guardian will be notified by phone if the participant becomes ill while at the program. If the parent cannot be reached, the emergency contact will be called. Any child experiencing a fever over 100.4 degrees, vomiting, diarrhea three times within two hours or contagious skin or eye infections will be removed from common areas and should be picked up within one hour of contact with the parent/legal guardian. Parents/legal guardian must provide a written statement from a physician stating the child is free from contagious disease before returning to the program after a contagious illness. Medical information may be faxed to the Recreation Center at (972) 218-3648. In the event of critical illness or injury, proper medical personnel and parents/legal guardian will be notified. At the discretion of the medical personnel, the child may be transported to an emergency room or clinic by ambulance or by the parent/legal guardian. Parents/legal guardian will be responsible for any expenses incurred with treatment or transportation. Medication

The City of Lancaster Youth Programs will administer medicine only with written parental permission and will administer medication only as stated on the label directions or as amended by the physician. A medicine form must be completed for each prescription the child receives at the Program. Medicine forms are available at the main office of the Recreation Center and at each site. Medications must be in their original container, labeled with child name, the date (if prescription), directions on how to administer and include the physician name (if prescription). Refrigeration of medication is not available. Inhalers and peak flows must have instruction on label. The City of Lancaster Youth Program staff will not administer any type of injection. Over-the-counter drugs will be administered only when accompanied by a medicine form, in the original container and by label direction only. Parents/legal guardians are responsible for removing medication at the end of the Program or when child is withdrawn. Leaders are responsible for administering medication at the time indicated on medicine form. Medications and the completed form will be kept in lock bag with each group. Youth Program Payments

Parents/legal guardians are responsible for paying fees as scheduled. Youth Program payments may be made at the Recreation Center by cash or credit card. Non-payment of fees within two months will be turned over to a collection agency. Payments for special activities and field trips not included in a program’s activity fee are to be paid in cash. This applies to all programs.

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Transportation

The participant to staff ratio, as stated in the Standards of Care, will be adhered to at all times when transporting participants. Participants may be transported only by City vehicle or any vehicle designated by the City. Participants may not be transported to and from activities or home by staff’s personal vehicles. All children will wear seat belts while being transported with the exception of commercial vehicles that do not offer seat belts. Field Trips

Parents/legal guardian will be asked to sign permission form for their child (ren) to attend special field trips. Please do not send large amounts of spending money with your child (ren) on field trips. The City is not responsible for items lost during field trips. Parents are discouraged from picking their child up during field trip activities. Parent/Child Communication

When a parent needs to contact their child (ren) at the Program, for emergency reasons only, the parent must call the Recreation Center at (972) 218-3700. Recreation Center staff will contact the child’s Leader to deliver the message. Personal Property

Personal electronics (i.e. cell phones, ipods, mp3 players, video games systems, etc.) are strictly

prohibited. If caught using personal electronics, they will be confiscated and may only be

retrieved by a parent or guardian. Personal property or electronics are not the responsibility of

Lancaster Recreation Staff.

Staff Code of Ethics

Program Leaders are expected to adhere to the City’s Staff Code of Ethics, which includes not accepting gifts from participants or babysitting/socializing with participants outside of the Program. If staff members do not comply with this policy, they are subject to disciplinary procedures.

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City of Lancaster


Parks & Recreation Division

2016

Youth Camp Registration Packet

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Lancaster Parks and Recreation Department YOUTH PROGRAMS REGISTRATION FORM

Check program you are registering for: ⃞ After School Program ⃞ Summer Day Camp ⃞ Seasonal Camp

PLEASE COMPLETE ALL BLANK AREAS IN ORDER TO QUALIFY FOR PROGRAM(S)

(Please print or type)

Registration Date______________________________ Child’s Name_____________________________________________________ Home #__________________________________ Address_________________________________________________City, State___________________________Zip_______________ School Attending__________________________________________________ Grade Entering____________________________

Age____________ Date of Birth____/____/________ Gender: ⃞ Female ⃞ Male

Mother/Legal Guardian Name_____________________________________ DL #______________________________________ Address_________________________________________________City, State___________________________Zip_______________ Mother/Legal Guardian Workplace_________________________________________ Best Daytime #______________________________________ Alternate Daytime #_________________________________________ Father/Legal Guardian Name________________________________________ DL #______________________________________ Address_________________________________________________City, State___________________________Zip_______________ Father/Legal Guardian Workplace____________________________________________ Best Daytime #______________________________________ Alternate Daytime #_________________________________________

EMERGENCY CONTACTS/PERMISSION TO PICK UP CHILD: Name____________________________________________ Relationship_____________________ DL #______________________ Home #_________________________________________________ Work #_____________________________________________ Name____________________________________________ Relationship_____________________ DL #______________________ Home #_________________________________________________ Work #_____________________________________________

Name____________________________________________ Relationship_____________________ DL #______________________ Home #_________________________________________________ Work #_____________________________________________

ATTENDANCE AND TRANSPORTATION INFORMATION: How will your child get home? (Check all that apply)

⃞ Parent/Guardian ⃞ Carpool ⃞ Other If Other, please explain_______________________

____________________________________________________________________________________________________________

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Lancaster Parks and Recreation Department PROGRAMS MEDICAL AND AUTHORIZATION FORM

EMERGENCY MEDICAL AUTHORIZATION

I, ________________________________________________ as parent and/or legal guardian, do hereby release The City of Lancaster, its staff and volunteers, from liability in the case of an accident or injury to my child or ward: Name______________________________________________________ Age______________ Grade Entering__________________ Further, in case of accident, injury or sudden illness, I authorize any first aid or emergency medical care that may become necessary for my child or ward while he or she is enrolled in any Lancaster Youth Program. I also authorize that my child or ward may be transported to a local medical facility. If I cannot be contacted in an EMERGENCY, I hereby give permission to the physician selected by the Program Coordinator to hospitalize, secure proper treatment for, and to order injection, anesthesia or surgery for my child or ward, named above. I understand I am financially responsible for any expenses incurred for medical care or transportation on my child’s behalf. By executing this document, I hereby assume, on behalf of my child or ward, all risk of injury or loss to which he or she may be exposed. ________________________________________________________________ __________________________________________ Parent/Legal Guardian Signature Date

EMERGENCY MEDICAL AUTHORIZATION

In the event of an EMERGENCY, individuals will be taken directly to the nearest hospital. If applicable, Family Physician Name____________________________________________________________________________ Address_______________________________________________________ Phone #___________________________________

Shot Record/Medical Record on file at School: ⃞ Yes ⃞ No Date________________________________

Please list any medical allergies, physical or behavioral conditions of your child: _____________________________________________ ___________________________________________________________________________________________________________

___________________________________________________________________________________________________________ Please explain special need/problems your child may have: _____________________________________________________________

AUTHORIZATIONS

(Initial all boxes that apply and sign below)

_____I understand that responsibility for my child will be assumed by Lancaster Youth Program only when he/she has checked in with an authorized staff member of the program.

_____I authorize the City of Lancaster Quality of Life & Cultural Services Department to utilize my child likeness for promotional purposes both electronically and in print.

_____I authorize any Lancaster Youth Program to transport my child to and from Program activities and field trips. _____I acknowledge that the child described herein has permission to engage in all Program activities, except noted by me or family

physician. _____I authorize the Youth Program to involve my child in appropriate water activities. _____I acknowledge receipt of the Lancaster Parks and Recreation Department “Standards of Care” for Youth Programs. My signature below constitutes authorization for items initialed above. ________________________________________________________________ __________________________________________ Parent/Legal Guardian Signature Date

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Lancaster Parks and Recreation Department YOUTH PROGRAMS LIABILITY WAIVER

Date: ____________ Program: _________________________ Child’s Name: _________________________________________ Age: ____________ School Attending: _______________________________ Grade Entering: ______________ I understand that the activities in the Lancaster Parks and Recreation Department Youth Programs will include physical activity and exercise with the possibility of physical contact and bodily injury to my child or ward (named above), and that the Department, its staff and the City of Lancaster are not undertaking responsibility to see that the activities are free from risk of injury, loss or damage to person or property. I hereby assume all said risks for my child. In consideration of the use and availability of services and facilities of the program site by my above named child or ward, I hereby agree to release, relieve, hold harmless, and indemnify the City, the Recreation Center, the Department, the Program, and their respective supervisors, Program Directors, Coordinators, leaders, agents, instructors and other employees from all liability and claims arising out of any accident or injury suffered or incurred by my above named child or ward at the Program site or while participating in any activity sponsored, organized or supervised by the Program except for acts of negligence of said responsible supervisors, directors, coordinators, leaders, agents, instructors or other employees. _______________________________________________ ______________________________ Parent/Legal Guardian Signature Date

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Lancaster Parks and Recreation Department YOUTH PROGRAM LATE PICK UP RECORD

Date_____________________________ Parent’s Name__________________________________ Daytime #__________________________ Cell #__________________________________ Child(ren)’s Name(s) ___________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

Circle One: 1st Incident 2nd Incident 3rd Incident DATE ____________________________________________________________ SIGNATURE ____________________________________________________________ ARRIVAL TIME ____________________________________________________________ REASON ____________________________________________________________ AMOUNT PAID ____________________________________________________________ STAFF INITIALS ____________________________________________________________ Method of Payment: Cash, credit card or debit First Incident: Warning, no charge Subsequent Incidents: $5.00 for each 10-minute period after 6:00 p.m. Three incidents in a 30 day period may result in termination from the Program. Non-payment of late pick up fees within one week may result in termination from the Program. An appeals process is available and should be directed to the Recreation Superintendent at (972) 218-3715

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5

Lancaster Parks and Recreation Department

DAILY SITE INSPECTION – YOUTH PROGRAMS

Date___________________________ Site Inspected_____________________________ General Weather Conditions: ____________________________________________________________________

Inspection Item Good Needed Action

Initials of Employee Checking

First Aid Kit Present & Stocked

Fire Extinguisher Present & Charged

Program & Participant Files Present

Program Areas Clean & Safe

Participant Check-in/Check-out Sheet Completed

Bathrooms Clean/Stocked

Program Supplies Present/Put Away

Please specifically detail what actions were taken to address any of the inspection items that needed action: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _________

Lancaster Parks and Recreation Department DAILY SITE INSPECTION – YOUTH PROGRAMS

Date___________________________ Site Inspected_____________________________ General Weather Conditions: ____________________________________________________________________

Inspection Item Good Needed Action

Initials of Employee Checking

First Aid Kit Present & Stocked

Fire Extinguisher Present & Charged

Program & Participant Files Present

Program Areas Clean & Safe

Participant Check-in/Check-out Sheet Completed

Bathrooms Clean/Stocked

Program Supplies Present/Put Away

Please specifically detail what actions were taken to address any of the inspection items that needed action: _____________________________________________________________________________________________ _____________________________________________________________________________________________

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_________

Lancaster Parks and Recreation Department BEHAVIORAL REPORT

Date: ____________ Program: _________________________ Participant’s Name_____________________________________ Age________________ Address______________________________________ Home #______________________ Description of Incident__________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Staff Comments________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 1st Offense__________ 2nd Offense__________ Mandatory meeting with Recreation Supervisor Notification of next Report result in one (1) week suspension

3rd Offense__________ 4th Offense__________ Notification of effective suspension dates Termination from Program _________________________________________________ ________________________________________________

Patron’s Signature Site Supervisor’s Signature _____________________________________ ____________________________________ Parent/Legal Guardian Signature Program Coordinator’s Signature Parent’s Cell or Work Phone#:__________________________

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MEETING

LANCASTER PARKS AND RECREATION ADVISORY BOARD

Monday, October 19, 2015, 6:15 p.m.

MINUTES

The Members of the Lancaster Parks and Recreation Advisory Board met Monday, October 19, 2015 at 6:15 p.m. at the Lancaster Recreation Center (Grand Hall), 1700 Veterans Memorial Parkway, Lancaster, TX 75134. Lancaster Parks and Recreation Advisory Board Members Present: Jerry Giles, Darwin Isham, Mary Sykes, Willene Watson, Spencer Hervey, Cecelia Rutherford, and Terrence Comick Lancaster Parks and Recreation Advisory Board Members Absent: Abe Cooper City Staff Present: Managing Director Sean Johnson, Assistant Director Michael Rasco, Recreation Superintendent Bakahri Thornton and Administrative Secretary Cynthia D. Williams I. Call to Order Chair Jerry Giles called the Lancaster Parks and Recreation Advisory Board meeting to order at 6:24 p.m. II. Consider Approval of Minutes (August 31, 2015) Mrs. Sykes made a motion seconded by Ms. Watson to approve the joint meeting minutes of August 31, 2015 of the Lancaster Parks and Recreation Advisory Board and LRDC Type B Board as written. The motion carried unanimously. III. Election of Officers for the Parks and Recreation and Tree Advisory Board Mr. Johnson reported that annually we are to elect the Officers of the Advisory Board(s). However, because we do not have a full board, if it is the Board’s pleasure we table those elections until November. Mr. Isham made a motion seconded by Mrs. Sykes to table the elections until November. The motion carried unanimously. IV. Standards of Care – Managing Director Sean Johnson

City of Lancaster QUALITY OF LIFE AND CULTURAL SERVICES DEPARTMENT

1700 Veterans Memorial Parkway ∙ Lancaster, TX 75134

972.218.3700 (Office) 972.218.3648 (FAX) www.lancaster-tx.com

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City of Lancaster – Lancaster Parks and Recreation Advisory Board Meeting – Monday, October 19, 2015 - Page 2

Mr. Johnson reported that each year the State of Texas mandates that organizations that are non-licensed day care facilities review and update their Youth Standards of Care. This serves as our department’s standard operating procedures on things such as participant/staff ratio, discipline policy, etc. This specifically pertains to our After School and Summer Program. Last year, staff recommendation was to add to the Photographic Release statement to the registration form. This authorizes the City of Lancaster Quality of Life and Cultural Services Department to utilize participant’s likeness for promotional purposes both electronically and in print. After careful staff review, there are no recommended additions/ modifications to the 2016 SOC policies and procedures. There was further questions/discussion. Mrs. Sykes made a motion seconded by Ms. Watson to move forward with the Standards of Care with necessary corrections. The motion carried unanimously. V. Park Ordinance – Managing Director Sean Johnson Mr. Johnson asked that if it is the board’s pleasure, that we table this Agenda Item until our November meeting which will be after the Comprehensive Plan Meetings scheduled for Thursday, October 22, 2015 and Tuesday, October 27, 2015. This will provide staff to receive additional comments and/ or feedback from the Consultants and the community. Mrs. Sykes made a motion seconded by Mr. Isham to table the Park Ordinance discussion until November. The motion carried unanimously. VI. Master Special Events Calendar – Managing Director Sean Johnson Mr. Johnson presented the Master Special Events Calendar to the Parks and Recreation Advisory Board giving specific details about the major special events and Best Southwest co-sponsored events. Spencer Hervey asked for information on the Annual MLK parade. Mr. Johnson stated that to his knowledge the City would continue to co-sponsor this event and would provide the board with an update as info is received. There was further questions/discussion. VII. Set Date and Agenda of Next Meeting

Date of Next Meeting: November 16, 2015

Election of Officers

Park Ordinance Presentation XI. Adjournment

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City of Lancaster – Lancaster Parks and Recreation Advisory Board Meeting – Monday, October 19, 2015 - Page 3

Mrs. Sykes made a motion seconded by Mr. Hervey to adjourn. All present approved and the meeting adjourned at 6:50 p.m. ATTEST: ________________________________________________________ Cynthia D. Williams, Board Secretary APPROVED: ________________________________________________________ Jerry Giles, Chair Lancaster Parks and Recreation Advisory Board

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HUMAN RESOURCES CODE

TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES

SUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES;

CHILD WELFARE AND PROTECTIVE SERVICES

CHAPTER 42. REGULATION OF CERTAIN FACILITIES, HOMES, AND

AGENCIES THAT PROVIDE CHILD-CARE SERVICES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 42.001. PURPOSE. The purpose of this chapter is

to protect the health, safety, and well-being of the

children of the state who reside in child-care facilities

by establishing statewide minimum standards for their

safety and protection and by regulating the facilities

through a licensing program. It is the policy of the state

to ensure the protection of all children under care in

child-care facilities and to encourage and assist in the

improvement of child-care programs. It is also the intent

of the legislature that freedom of religion of all citizens

is inviolate. With respect to a school or child-care

facility sponsored by a religious organization, nothing in

this chapter gives a governmental agency authority to

regulate, control, supervise, or in any way be involved in

the:

(1) form, manner, or content of religious

instruction, ministry, teaching, or the curriculum offered

by the school or facility;

(2) ability of the school or facility to select

and supervise qualified personnel, and otherwise control

the terms of employment, including the right to employ

individuals who share the religious views of the school or

facility;

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(3) internal self-governance and autonomy of the

school or facility; or

(4) religious environment of the school or

facility, such as symbols, art, icons, and scripture.

Acts 1979, 66th Leg., p. 2358, ch. 842, art. 1, Sec. 1,

eff. Sept. 1, 1979. Amended by Acts 1997, 75th Leg., ch.

664, Sec. 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch.

1063, Sec. 2, eff. Sept. 1, 1997; Acts 2001, 77th Leg.,

ch. 218, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 27, eff.

September 1, 2007.

Sec. 42.002. DEFINITIONS. In this chapter:

(1) "Child" means a person under 18 years of

age.

(2) "Division" means the division designated by

the department to carry out the provisions of this chapter.

(3) "Child-care facility" means a facility

licensed, certified, or registered by the department to

provide assessment, care, training, education, custody,

treatment, or supervision for a child who is not related by

blood, marriage, or adoption to the owner or operator of

the facility, for all or part of the 24-hour day, whether

or not the facility is operated for profit or charges for

the services it offers.

(4) "General residential operation" means a

child-care facility that provides care for more than 12

children for 24 hours a day, including facilities known as

children's homes, halfway houses, residential treatment

centers, emergency shelters, and therapeutic camps.

(5) "Foster group home" means a child-care

facility that provides care for 7 to 12 children for 24

hours a day.

47

(6) "Foster home" means a child-care facility

that provides care for not more than six children for 24

hours a day.

(7) "Day-care center" means a child-care

facility that provides care at a location other than the

residence of the director, owner, or operator of the child-

care facility for seven or more children under 14 years of

age for less than 24 hours a day, but at least two hours a

day, three or more days a week.

(8) "Group day-care home" means a child-care

facility that provides care at the residence of the

director, owner, or operator of the child-care facility for

seven or more children under 14 years of age for less than

24 hours a day, but at least two hours a day, three or more

days a week.

(9) "Family home" means a home that provides

regular care in the caretaker's own residence for not more

than six children under 14 years of age, excluding children

who are related to the caretaker, and that provides care

after school hours for not more than six additional

elementary school children, but the total number of

children, including children who are related to the

caretaker, does not exceed 12 at any given time. The term

does not include a home that provides care exclusively for

any number of children who are related to the caretaker.

(10) "Agency foster group home" means a facility

that provides care for seven to 12 children for 24 hours a

day, is used only by a licensed child-placing agency, and

meets department standards.

(11) "Agency foster home" means a facility that

provides care for not more than six children for 24 hours a

day, is used only by a licensed child-placing agency, and

meets department standards.

(12) "Child-placing agency" means a person,

including an organization, other than the natural parents

or guardian of a child who plans for the placement of or

48

places a child in a child-care facility, agency foster

home, agency foster group home, or adoptive home.

(13) "Facilities" includes child-care facilities

and child-placing agencies.

(14) "State of Texas" or "state" does not

include political subdivisions of the state.

(15) "Religious organization" means a church,

synagogue, or other religious institution whose purpose is

to support and serve the propagation of truly held

religious beliefs.

(16) "Children who are related to the caretaker"

means children who are the children, grandchildren,

siblings, great-grandchildren, first cousins, nieces, or

nephews of the caretaker, whether by affinity or

consanguinity or as the result of a relationship created by

court decree.

(17) "Regular care" means care that is provided

at least:

(A) four hours a day, three or more days a

week, for three or more consecutive weeks; or

(B) four hours a day for 40 or more days in

a period of 12 months.

(18) "Controlling person" means a person who,

either alone or in connection with others, has the ability

to directly or indirectly influence or direct the

management, expenditures, or policies of a facility or

family home.

(19) "Residential child-care facility" means a

facility licensed or certified by the department that

operates for all of the 24-hour day. The term includes

general residential operations, child-placing agencies,

foster group homes, foster homes, agency foster group

homes, and agency foster homes.

(20) "Before-school or after-school program"

means a child-care facility that provides care before or

after, or before and after, the customary school day and

49

during school holidays, for at least two hours a day, three

days a week, to children who attend prekindergarten through

grade six.

(21) "School-age program" means a child-care

facility that provides supervision, along with recreation

or skills instruction or training, and may provide

transportation, before or after the customary school day,

for at least two hours a day, three days a week, to

children attending prekindergarten through grade six. A

school-age program may also operate during school holidays,

the summer period, or any other time when school is not in

session.

(22) "Children's product" means a product that

is designed or intended to be used by a child under 13

years of age or used by a caregiver during the care of a

child under 13 years of age. The term does not include:

(A) an item that is not designed or

intended to be used solely or primarily by a child under 13

years of age or in the care of a child under 13 years of

age;

(B) a medication, a drug, food, or another

item that is intended to be ingested; or

(C) clothing.

(23) "Other maltreatment" means:

(A) abuse, as defined by Section 261.001 or

261.401, Family Code; or

(B) neglect, as defined by Section 261.001

or 261.401, Family Code.


eff. Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p.

2812, ch. 759, Sec. 1, eff. Aug. 31, 1981; Acts 1987, 70th

Leg., ch. 1052, Sec. 4.01, eff. Sept. 1, 1987; Acts 1989,

71st Leg., ch. 984, Sec. 1, eff. June 15, 1989; Acts 1997,

75th Leg., ch. 1022, Sec. 23, eff. Sept. 1, 1997; Acts

1997, 75th Leg., ch. 1063, Sec. 3, eff. Sept. 1, 1997;

50

Acts 1997, 75th Leg., ch. 1217, Sec. 1, eff. Sept. 1, 1997;

Acts 2001, 77th Leg., ch. 218, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 268, Sec. 1.90, eff.

September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 46, Sec. 1, eff.

September 1, 2009.


September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 27.001(34),

eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1082, Sec. 1, eff.

September 1, 2011.


June 17, 2011.

Sec. 42.003. REFERENCE TO CHILD-CARE INSTITUTION. A

reference in law to a "child-care institution" means a

general residential operation.

Added by Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 3, eff.

September 1, 2009.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 42.021. DIVISION DESIGNATED. (a) The

department may designate a division within the department

to carry out responsibilities the department may delegate

or assign under this chapter. The department shall ensure

the independence of the division from the child protective

services division.

(b) The commissioner shall appoint as director of a

division designated under Subsection (a) a person who meets

the qualifications set by the executive commissioner. The

commissioner shall ensure the director's independence from

the child protective services division and may not

51

terminate the director without the approval of the

executive commissioner.

(c) The department shall employ sufficient personnel

and provide training for the personnel to carry out the

provisions of this chapter.

(d) The commissioner may divide the state into

regions for the purpose of administering this chapter.



76, Sec. 8.020, eff. Sept. 1, 1995; Acts 1997, 75th Leg.,

ch. 1063, Sec. 4, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2007.

Sec. 42.0211. SAFETY SPECIALISTS, RISK ANALYSTS, AND

PERFORMANCE MANAGEMENT. (a) The division shall employ at

least one specially trained investigation safety

specialist, whose duties include the duty to:

(1) review and evaluate the intake of reports

that include allegations associated with a higher risk of

harm to the child; and

(2) consult with the assigned investigator to

provide specialized guidance and resources to assist the

investigation.

(b) The division shall employ at least one risk

analyst, whose duties include the duty to:

(1) identify facilities, including child-placing

agencies, whose compliance histories indicate the potential

for a higher risk of harm to children in the care of the

facility;

52

(2) review the monitoring and inspection reports

for any facilities described by Subdivision (1) to assess

the quality of the investigation or monitoring; and

(3) identify any additional monitoring or

enforcement action that may be appropriate to ensure the

safety of a child in the care of the facility.

(c) The division must include a performance

management unit with duties that include:

(1) conducting quality assurance reviews of

randomly selected monitoring and investigative reports to

ensure compliance with all relevant laws, rules, and agency

policies; and

(2) making recommendations to improve the

quality and consistency of monitoring and investigations.

Added by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 29(a),


Sec. 42.0221. COMMITTEE ON LICENSING STANDARDS. (a)

The committee on licensing standards is composed of seven

members appointed by the governor as follows:

(1) one member who operates a residential child-

care facility licensed by the department;

(2) one member who operates a child-placing

agency licensed by the department;

(3) one member who operates a licensed child-

care facility that provides care for children for less than

24 hours a day;

(4) one member who is a parent, guardian, or

custodian of a child who uses a facility licensed by the

department;

(5) one member who is an expert in the field of

child care and child development; and

(6) two members employed by the department who

work with facilities licensed by the department.

53

(b) Members of the committee serve two-year terms,

with the terms of three or four members, as appropriate,

expiring February 1 of each year.

(c) The governor shall designate a member of the

committee to serve as the presiding officer.

(d) The committee shall meet twice a year at the call

of the presiding officer.

(e) The committee shall review and analyze the

information provided by the department and committee

members and shall make recommendations for policy and

statutory changes relating to licensing standards and

facility inspections. The review and analysis by the

committee shall include the analysis of:

(1) the deaths of children who are in substitute

care, including reports and findings of child fatality

review teams under Subchapter F, Chapter 264, Family Code;

(2) the types of licensing violations for each

weighted risk and region;

(3) the details of administrative reviews and

appeals; and

(4) the type of technical assistance provided

and the qualifications of those providing technical

assistance.

(f) The committee shall report its findings and

recommendations to the department and the legislature not

later than December 1 of each year.

Added by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 30,


Sec. 42.023. ANNUAL REPORT. (a) The department

shall prepare an annual written report regarding the

department's activities under this chapter.

(b) The annual report shall include:

(1) a report by regions of applications for

licensure or certification, of initial licenses issued,

54

denied, or revoked, of licenses issued, denied, suspended

or revoked, of emergency closures and injunctions, and of

the compliance of state-operated agencies, if such agencies

exist, with certification requirements;

(2) a summary of the training programs required

by the department and their effectiveness;

(3) a summary of training and other professional

development opportunities offered to facilities' staffs;

(4) a report of new administrative procedures,

of the number of staff and staff changes, and of plans for

the coming year; and

(5) a report of trends in licensing violations

on a statewide and regional basis and the department's

plans to address those trends through the provision of

technical assistance.

(c) Copies of the annual report shall be available to

any state citizen on request.



18, Sec. 2, eff. April 3, 1985; Acts 1995, 74th Leg., ch.


ch. 1063, Sec. 6, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.

Sec. 42.024. ADMINISTRATIVE PROCEDURE. Chapter 2001,

Government Code applies to all procedures under this

chapter except where it is contrary to or inconsistent with

the provisions of this chapter.



76, Sec. 5.95(49), eff. Sept. 1, 1995.

55

SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND

AGENCIES

Sec. 42.041. REQUIRED LICENSE. (a) No person may

operate a child-care facility or child-placing agency

without a license issued by the department.

(b) This section does not apply to:

(1) a state-operated facility;

(2) an agency foster home or agency foster group

home;

(3) a facility that is operated in connection

with a shopping center, business, religious organization,

or establishment where children are cared for during short

periods while parents or persons responsible for the

children are attending religious services, shopping, or

engaging in other activities, including retreats or classes

for religious instruction, on or near the premises, that

does not advertise as a child-care facility or day-care

center, and that informs parents that it is not licensed by

the state;

(4) a school or class for religious instruction

that does not last longer than two weeks and is conducted

by a religious organization during the summer months;

(5) a youth camp licensed by the Department of

State Health Services;

(6) a facility licensed, operated, certified, or

registered by another state agency;

(7) an educational facility that is accredited

by the Texas Education Agency, the Southern Association of

Colleges and Schools, or an accreditation body that is a

member of the Texas Private School Accreditation Commission

and that operates primarily for educational purposes for

prekindergarten and above, a before-school or after-school

program operated directly by an accredited educational

facility, or a before-school or after-school program

operated by another entity under contract with the

56

educational facility, if the Texas Education Agency, the

Southern Association of Colleges and Schools, or the other

accreditation body, as applicable, has approved the

curriculum content of the before-school or after-school

program operated under the contract;

(8) an educational facility that operates solely

for educational purposes for prekindergarten through at

least grade two, that does not provide custodial care for

more than one hour during the hours before or after the

customary school day, and that is a member of an

organization that promulgates, publishes, and requires

compliance with health, safety, fire, and sanitation

standards equal to standards required by state, municipal,

and county codes;

(9) a kindergarten or preschool educational

program that is operated as part of a public school or a

private school accredited by the Texas Education Agency,

that offers educational programs through grade six, and

that does not provide custodial care during the hours

before or after the customary school day;

(10) a family home, whether registered or

listed;

(11) an educational facility that is integral to

and inseparable from its sponsoring religious organization

or an educational facility both of which do not provide

custodial care for more than two hours maximum per day, and

that offers an educational program in one or more of the

following: prekindergarten through at least grade three,

elementary grades, or secondary grades;

(12) an emergency shelter facility providing

shelter to minor mothers who are the sole support of their

natural children under Section 32.201, Family Code, unless

the facility would otherwise require a license as a child-

care facility under this section;

(13) a juvenile detention facility certified

under Section 51.12, Family Code, a juvenile correctional

57

facility certified under Section 51.125, Family Code, a

juvenile facility providing services solely for the Texas

Youth Commission, or any other correctional facility for

children operated or regulated by another state agency or

by a political subdivision of the state;

(14) an elementary-age (ages 5-13) recreation

program operated by a municipality provided the governing

body of the municipality annually adopts standards of care

by ordinance after a public hearing for such programs, that

such standards are provided to the parents of each program

participant, and that the ordinances shall include, at a

minimum, staffing ratios, minimum staff qualifications,

minimum facility, health, and safety standards, and

mechanisms for monitoring and enforcing the adopted local

standards; and further provided that parents be informed

that the program is not licensed by the state and the

program may not be advertised as a child-care facility;

(15) an annual youth camp held in a municipality

with a population of more than 1.5 million that operates

for not more than three months and that has been operated

for at least 10 years by a nonprofit organization that

provides care for the homeless;

(16) a food distribution program that:

(A) serves an evening meal to children two

years of age or older; and

(B) is operated by a nonprofit food bank in

a nonprofit, religious, or educational facility for not

more than two hours a day on regular business days;

(17) a child-care facility that operates for

less than three consecutive weeks and less than 40 days in

a period of 12 months;

(18) a program:

(A) in which a child receives direct

instruction in a single skill, talent, ability, expertise,

or proficiency;

58

(B) that does not provide services or

offerings that are not directly related to the single

talent, ability, expertise, or proficiency;

(C) that does not advertise or otherwise

represent that the program is a child-care facility, day-

care center, or licensed before-school or after-school

program or that the program offers child-care services;

(D) that informs the parent or guardian:

(i) that the program is not licensed

by the state; and

(ii) about the physical risks a child

may face while participating in the program; and

(E) that conducts background checks for all

program employees and volunteers who work with children in

the program using information that is obtained from the

Department of Public Safety;

(19) an elementary-age (ages 5-13) recreation

program that:

(A) adopts standards of care, including

standards relating to staff ratios, staff training, health,

and safety;

(B) provides a mechanism for monitoring and

enforcing the standards and receiving complaints from

parents of enrolled children;

(C) does not advertise as or otherwise

represent the program as a child-care facility, day-care

center, or licensed before-school or after-school program

or that the program offers child-care services;

(D) informs parents that the program is not

licensed by the state;

(E) is organized as a nonprofit

organization or is located on the premises of a

participant's residence;

(F) does not accept any remuneration other

than a nominal annual membership fee;

59

(G) does not solicit donations as

compensation or payment for any good or service provided as

part of the program; and

(H) conducts background checks for all

program employees and volunteers who work with children in

the program using information that is obtained from the

Department of Public Safety;

(20) a living arrangement in a caretaker's home

involving one or more children or a sibling group,

excluding children who are related to the caretaker, in

which the caretaker:

(A) had a prior relationship with the child

or sibling group or other family members of the child or

sibling group;

(B) does not care for more than one

unrelated child or sibling group;

(C) does not receive compensation or

solicit donations for the care of the child or sibling

group; and

(D) has a written agreement with the parent

to care for the child or sibling group;




which:

(A) the department is the managing

conservator of the child or sibling group;

(B) the department placed the child or

sibling group in the caretaker's home; and

(C) the caretaker had a long-standing and

significant relationship with the child or sibling group

before the child or sibling group was placed with the

caretaker; or




60

which the child is in the United States on a time-limited

visa under the sponsorship of the caretaker or of a

sponsoring organization.

(b-1) Repealed by Acts 2009, 81st Leg., R.S., Ch.

720, Sec. 19(1), eff. September 1, 2009.

(c) A single license that lists addresses and the

appropriate facilities may be issued to a general

residential operation that operates noncontiguous

facilities that are across the street from, in the same

city block as, or on the same property as one another and

that are demonstrably a single operation as indicated by

patterns of staffing, finance, administrative supervision,

and programs.

(d) A facility exempt from the provisions of

Subsection (a) of this section that desires to receive or

participate in federal or state funding shall be required

to comply with all other provisions of this chapter and

with all regulations promulgated under this chapter.

(e) The exemptions provided by Subsection (b) of this

section do not affect the authority of local, regional, or

state health department officials, the state fire marshal,

or local fire prevention officials to inspect child-care

facilities.

Text of subsection as added by Acts 2011, 82nd Leg., R.S.,

Ch. 343, Sec. 1

(f) A child-care facility that is exempt under

Subsection (b)(3) from the licensing requirement of

Subsection (a) may provide care for each child at the

child-care facility for not more than 15 hours a week if

the child-care facility:

(1) provides the child care so that a person may

attend an educational class provided by a nonprofit entity;

and

61

(2) is located in a county with a population of

800,000 or more that is adjacent to an international

border.


Ch. 1082, Sec. 2

(f) Notwithstanding the requirements of Subsection

(b)(14), a municipality that operates an elementary-age

(ages 5-13) recreation program may, in lieu of an annual

public hearing, accept public comment through the

municipality's Internet website for at least 30 days before

the municipality adopts standards of care by ordinance if

the municipality:

(1) has a population of 300,000 or more; and

(2) has held at least two annual public hearings

on the standards of care and adopted standards of care by

ordinance after those public hearings.



2812, ch. 759, Sec. 2, 3, eff. Aug. 31, 1981; Acts 1987,

70th Leg., ch. 1052, Sec. 4.03, eff. Sept. 1, 1987; Acts

1987, 70th Leg., ch. 1115, Sec. 2, eff. June 19, 1987;

Acts 1995, 74th Leg., ch. 262, Sec. 54, eff. Jan. 1, 1996;


Acts 1997, 75th Leg., ch. 165, Sec. 7.46, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 664, Sec. 3, 4, eff. Sept.

1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 2,

eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 3,

eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 268, Sec. 1.93(a), eff.

September 1, 2005.

62


June 8, 2007.


September 1, 2007.


September 1, 2007.


September 1, 2009.


September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 720, Sec. 19(1), eff.

September 1, 2009.


September 1, 2011.


September 1, 2011.

Sec. 42.042. RULES AND STANDARDS. (a) The

department shall make rules to carry out the provisions of

this chapter.

(b) The department shall conduct a comprehensive

review of all rules and standards at least every six years.

For purposes of this subsection, the six-year period begins

on the latest of the date of:

(1) the conclusion of the review of the rules

and standards;

(2) a decision by the department not to revise

the rules and standards;

(3) a decision by the board not to revise the

rules and standards; or

(4) board action adopting new standards.

(c) The department shall provide a standard procedure

for receiving and recording complaints. The executive

commissioner shall adopt rules regarding the receipt of

anonymous complaints made regarding child-care facilities

63

and family homes to limit the number of anonymous

complaints investigated by the department.

(d) The department shall provide standard forms for

applications and inspection reports.

(e) The department shall promulgate minimum standards

that apply to licensed child-care facilities and to

registered family homes covered by this chapter and that

will:

(1) promote the health, safety, and welfare of

children attending a facility or registered family home;

(2) promote safe, comfortable, and healthy

physical facilities and registered family homes for

children;

(3) ensure adequate supervision of children by

capable, qualified, and healthy personnel;

(4) ensure adequate and healthy food service

where food service is offered;

(5) prohibit racial discrimination by child-care

facilities and registered family homes;

(6) require procedures for parental and guardian

consultation in the formulation of children's educational

and therapeutic programs;

(7) prevent the breakdown of foster care and

adoptive placement; and

(8) ensure that a child-care facility or

registered family home:

(A) follows the directions of a child's

physician or other health care provider in providing

specialized medical assistance required by the child; and

(B) maintains for a reasonable time a copy

of any directions from the physician or provider that the

parent provides to the facility or home.

(e-1) The department may not prohibit possession of

lawfully permitted firearms and ammunition in a foster home

of any type, including a foster group home, a foster home,

an agency foster group home, and an agency foster

64

home. Minimum standards may be adopted under this section

relating to safety and proper storage of firearms and

ammunition, including standards requiring firearms and

ammunition to be stored separately in locked locations.

(e-2) The department may not prohibit the foster

parent of a child who resides in the foster family's home

from transporting the child in a vehicle where a handgun is

present if the handgun is in the possession and control of

the foster parent and the foster parent is licensed to

carry the handgun under Subchapter H, Chapter 411,

Government Code.

(f) In promulgating minimum standards for the

provision of child-care services, the department shall

recognize the various categories of services, including

services for specialized care, the various categories of

children and their particular needs, and the differences in

the organization and operation of child-care facilities and

general residential operations. Standards for general

residential operations must require an intake study before

a child is placed in an operation. The intake study may be

conducted at a community mental health and mental

retardation center.

(g) In promulgating minimum standards the department

may recognize and treat differently the types of services

provided by the following:

(1) registered family homes;

(2) child-care facilities, including general

residential operations, foster group homes, foster homes,

group day-care homes, and day-care centers;

(3) child-placing agencies;

(4) agency foster homes;

(5) agency foster group homes;

(6) before-school or after-school programs; and

(7) school-age programs.

(g-1) In determining and enforcing minimum standards

for a school-age program, the department shall consider

65

commonly accepted training methods for the development of a

skill, talent, ability, expertise, or proficiency that are

implemented with the consent of the parent or guardian of

the participant and that are fundamental to the core

purpose of the program.

(g-2) Repealed by Acts 2011, 82nd Leg., R.S., Ch.


(h) The department shall promulgate minimum standards

for child-placing agencies.

(h-1) The executive commissioner shall adopt rules

governing:

(1) the placement and care of children by a

child-placing agency, as necessary to ensure the health and

safety of those children;

(2) the verification and monitoring of agency

foster homes, agency foster group homes, and adoptive homes

by a child-placing agency; and

(3) if appropriate, child-placing agency

staffing levels, office locations, and administration.

(i) Before adopting minimum standards, the department

shall:

(1) convene a temporary work group to advise the

department regarding the proposed standards, composed of at

least six members who represent the diverse geographic

regions of this state, including:

(A) a department official designated by the

commissioner to facilitate the work group's activities;

(B) a person with demonstrated expertise or

knowledge regarding the different types and classifications

of child-care facilities, homes, agencies, or programs that

will be covered by the proposed standards;

(C) a parent with experience related to one

of the different types or classifications of child-care

facilities, homes, agencies, or programs that will be

covered by the proposed standards; and

66

(D) a representative of a nonprofit entity

licensed under this chapter; and

(2) send a copy of the proposed standards to

each licensee covered by the proposed standards at least 60

days before the standards take effect to provide the

licensee an opportunity to review and to send written

suggestions to the department.

(j) The department may waive compliance with a

minimum standard in a specific instance if it determines

that the economic impact of compliance is sufficiently

great to make compliance impractical.

(k) The department may not regulate or attempt to

regulate or control the content or method of any

instruction or curriculum of a school sponsored by a

religious organization.

(l) In promulgating minimum standards for the

regulation of family homes that register with the

department, the department must address the minimum

qualifications, education, and training required of a

person who operates a family home registered with the

department.

(m) In determining minimum standards relating to

staff-to-child ratios, group sizes, or square footage

requirements applicable to nonresidential child-care

facilities that provide care for less than 24 hours a day,

the department shall, within available appropriations,

conduct a comprehensive cost-benefit analysis and economic

impact study that includes families and licensed child-care

providers.

(n) Not later than the 60th day before the date the

board adopts a revision to the minimum standards for child-

care facilities, the department shall present the revision

to the appropriate legislative oversight committees that

have jurisdiction over child-care facilities for review and

comment.

67

(p) The department by rule shall prescribe minimum

training standards for an employee of a regulated child-

care facility, including the time required for completing

the training. The department may not require an employee

to repeat required training if the employee has completed

the training within the time prescribed by department rule.

The department's local offices shall make available at the

local office locations a copy of the rules regarding

minimum training standards, information enabling the owner

or operator of a regulated facility to apply for training

funds from other agencies to lower facility costs, and any

other materials the department may develop to assist the

owner or operator or other entity in providing the

training.

(q) Each residential child-care facility shall notify

the department and the appropriate local law enforcement

agency immediately on determining that a child is missing

from the facility.

(r) A residential child-care facility that provides

emergency services may temporarily exceed the facility's

capacity for not more than 48 hours to provide temporary

care for a child in an emergency. The facility shall

notify the department within 24 hours of the placement that

the facility temporarily exceeded the facility's capacity.




ch. 920, Sec. 10, eff. Sept. 1, 1995; Acts 1997, 75th

Leg., ch. 1022, Sec. 24, eff. Sept. 1, 1997; Acts 1997,


1997, 75th Leg., ch. 1121, Sec. 1, eff. June 19, 1997;




Amended by:

68


September 1, 2005.

Acts 2005, 79th Leg., Ch. 526, Sec. 1, eff. September

1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 366, Sec. 1, eff. June

15, 2007.


September 1, 2007.


September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 471, Sec. 2, eff. June

17, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1082, Sec. 16(2), eff.

September 1, 2012.


June 17, 2011.

Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The

minimum training standards prescribed by the department

under Section 42.042(p) for an employee, director, or

operator of a day-care center, group day-care home, or

registered family home must include:

(1) 24 hours of initial training that must be

completed not later than the 90th day after the employee's

first day of employment for an employee of a day-care

center who has no previous training or less than two years

of employment experience in a regulated child-care

facility, eight hours of which must be completed before the

employee is given responsibility for a group of children;

(2) 24 hours of annual training for each

employee of a day-care center or group day-care home,

excluding the director, which must include at least six

hours of training in one or more of the following areas:

(A) child growth and development;

(B) guidance and discipline;

69

(C) age-appropriate curriculum; and

(D) teacher-child interaction; and

(3) 30 hours of annual training for each

director of a day-care center or group day-care home, or

operator of a registered family home, which must include at

least six hours of training in one or more of the following

areas:

(A) child growth and development;

(B) guidance and discipline;

(C) age-appropriate curriculum; and

(D) teacher-child interaction.

(b) The minimum training standards prescribed by the

department under Section 42.042(p) must require an employee

of a licensed day-care center or group day-care home who

provides care for children younger than 24 months of age to

receive special training regarding the care of those

children. The special training must be included as a

component of the initial training required by Subsection

(a)(1) and as a one-hour component of the annual training

required by Subsections (a)(2) and (a)(3). The special

training must include information on:

(1) recognizing and preventing shaken baby

syndrome;

(2) preventing sudden infant death syndrome;

and

(3) understanding early childhood brain

development.

(c) The department by rule shall require an operator

of a registered family home who provides care for a child

younger than 24 months of age to complete one hour of

annual training on:

(1) recognizing and preventing shaken baby

syndrome;

(2) preventing sudden infant death syndrome;

and

70

(3) understanding early childhood brain

development.

(d) Section 42.042(m) does not apply to the minimum

training standards required by this section.

(e) In addition to other training required by this

section, the department by rule shall require an owner,

operator, or employee of a day-care center, group day-care

home, registered family home, child-care institution,

foster group home, or agency foster group home who

transports a child under the care of the facility whose

chronological or developmental age is younger than nine

years of age to complete at least two hours of annual

training on transportation safety.


Ch. 882, Sec. 1

(f) In adopting the minimum training standards under

Section 42.042(p), the department may not require more

training hours than the number of hours prescribed by

Subsection (a) for a day-care center, group day-care home,

or a registered family home.


Ch. 82, Sec. 1

(f) The training required by this section must be

appropriately targeted and relevant to the age of the

children who will receive care from the individual

receiving training and must be provided by a person who:

(1) is a training provider registered with the

Texas Early Care and Education Career Development System's

Texas Trainer Registry that is maintained by the Texas Head

Start State Collaboration Office;

71

(2) is an instructor at a public or private

secondary school or at a public or private institution of

higher education, as defined by Section 61.801, Education

Code, who teaches early childhood development or another

relevant course, as determined by rules adopted by the

commissioner of education and the commissioner of higher

education;

(3) is an employee of a state agency with

relevant expertise;

(4) is a physician, psychologist, licensed

professional counselor, social worker, or registered nurse;

(5) holds a generally recognized credential or

possesses documented knowledge relevant to the training the

person will provide;

(6) is a registered family home care provider or

director of a day-care center or group day-care home in

good standing with the department, if applicable, and who:

(A) has demonstrated core knowledge in

child development and caregiving; and

(B) is only providing training at the home

or center in which the provider or director and the person

receiving training are employed; or

(7) has at least two years of experience working

in child development, a child development program, early

childhood education, a childhood education program, or a

Head Start or Early Head Start program and:

(A) has been awarded a Child Development

Associate (CDA) credential; or

(B) holds at least an associate's degree in

child development, early childhood education, or a related

field.


Ch. 882, Sec. 1

72

(g) The executive commissioner by rule shall adopt

minimum training standards for before-school or after-

school and school-age programs as required by Section

42.042(p). In adopting minimum training standards for

before-school or after-school and school-age programs under

this subsection, the executive commissioner may not require

more initial or annual training hours than the number of

hours required by Subsection (a) immediately before

September 1, 2011.


Ch. 82, Sec. 1

(g) A person described by Subsection (f)(6) may

provide training under this section only if the department

has not taken an action under Section 42.071, 42.072, or

42.078, other than an evaluation, against the license,

listing, or registration of the person or the home or

center for which the person is a provider or director

during the two-year period preceding the date on which the

person provides the training.

Added by Acts 1999, 76th Leg., ch. 1211, Sec. 1, eff. Jan.

1, 2000. Amended by Acts 2001, 77th Leg., ch. 169, Sec. 1,

eff. Sept. 1, 2001.

Amended by:


September 1, 2009.


January 1, 2012.


September 1, 2011.

Sec. 42.0422. RESTRAINT AND SECLUSION. A person

providing services to a resident of a general residential

73

operation, including a state-operated facility that is a

residential treatment center or a general residential

operation serving children with mental retardation, shall

comply with Chapter 322, Health and Safety Code, and the

rules adopted under that chapter.

Added by Acts 2005, 79th Leg., Ch. 698, Sec. 7, eff.

September 1, 2005.

Amended by:


September 1, 2009.

Sec. 42.0423. CHILDREN'S PRODUCT SAFETY FOR CERTAIN

NONRESIDENTIAL CHILD-CARE FACILITIES. (a) This section

applies only to a licensed day-care center, licensed group

day-care home, or registered family home.

(b) A children's product is presumed to be unsafe for

purposes of this section if it has been recalled for any

reason by the United States Consumer Product Safety

Commission and the recall has not been rescinded.

(c) A children's product that has been recalled for

any reason by the United States Consumer Product Safety

Commission is not presumed to be unsafe if the product has

been remanufactured or retrofitted so that the product is

safe.

(d) The department shall include on its public

Internet website a link to the United States Consumer

Product Safety Commission's Internet website.

(e) A child-care facility subject to this section may

not use an unsafe children's product or have an unsafe

children's product on the premises of the child-care

facility unless:

(1) the product is an antique or collectible

children's product and is not used by, or accessible to,

any child in the child-care facility; or

74

(2) the unsafe children's product is being

retrofitted to make it safe and the product is not used by,

or accessible to, any child in the child-care facility.

(f) The department shall notify a child-care facility

subject to this section of the provisions of this section

in plain, nontechnical language that will enable the child-

care facility to effectively inspect the children's

products at the facility and identify unsafe children's

products. The department shall provide the notice required

by this subsection:

(1) during the department's pre-application

interview for a license, registration, or certification;

and

(2) during an inspection.

(g) At least annually, each child-care facility

subject to this section shall certify in writing that the

facility has reviewed each of the bulletins and notices

issued by the United States Consumer Product Safety

Commission regarding unsafe children's products and that

there are no unsafe products in the facility except

products described by Subsection (e). The facility shall

retain the certification form completed by each facility in

the facility's licensing file.

(h) The executive commissioner of the Health and

Human Services Commission shall adopt rules and forms

necessary to implement this section.


September 1, 2009.

Sec. 42.0425. ASSESSMENT SERVICES. (a) The

department by rule shall regulate assessment services

provided by child-care facilities or child-placing

agencies. A child-care facility or child-placing agency

may not provide assessment services unless specifically

authorized by the department.

75

(b) The department by rule shall establish minimum

standards for assessment services. The standards must

provide that consideration is given to the individual needs

of a child, the appropriate place for provision of

services, and the factors listed in Section 42.042(e).

(c) In this section, "assessment services" means the

determination of the placement needs of a child who

requires substitute care.

Added by Acts 1997, 75th Leg., ch. 1022, Sec. 25, eff.

Sept. 1, 1997.

Sec. 42.0426. TRAINING OF PERSONNEL. (a) A licensed

facility shall provide training for staff members in:

(1) the recognition of symptoms of child abuse,

neglect, and sexual molestation and the responsibility and

procedure of reporting suspected occurrences of child

abuse, neglect, and sexual molestation to the department or

other appropriate entity;

(2) the application of first aid; and

(3) the prevention and spread of communicable

diseases.

(b) A residential child-care facility shall implement

a behavior intervention program approved by the department

for the benefit of a child served by the facility who needs

assistance in managing the child's conduct. The program

must include:

(1) behavior intervention instruction for staff

members who work directly with children served by the

facility; and

(2) training for all employees regarding the

risks associated with the use of prone restraints.

(c) Not later than the seventh day after the date an

employee begins employment at a day-care center, group day-

care home, or registered family home, the employee must

complete an orientation to the facility.

76


Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2011.

Sec. 42.04261. OTHER TRAINING OF PERSONNEL: CHILD-

PLACING AGENCIES AND DAY-CARE CENTERS.

(a) Notwithstanding Section 42.0426(a)(1), a child-placing

agency or day-care center shall provide training for staff

members in prevention techniques for and the recognition of

symptoms of sexual abuse and other maltreatment of children

and the responsibility and procedure of reporting suspected

occurrences of sexual abuse and other maltreatment of

children to the department or other appropriate entity.

(b) The type of training required under Subsection

(a) shall be determined by department rule. The training

must be provided for at least an hour annually and must

include training concerning:

(1) factors indicating a child is at risk for

sexual abuse or other maltreatment;

(2) likely warning signs indicating a child may

be a victim of sexual abuse or other maltreatment;

(3) internal procedures for reporting sexual

abuse or other maltreatment; and

(4) community organizations that have existing

training programs that are able to provide training or

other education for child-placing agency or day-care center

staff members, children, and parents.

(c) If a child-placing agency or day-care center

determines that it does not have sufficient resources to

provide the training required under this section, the

agency or center may contact a department licensing

77

employee to obtain information concerning community

organizations that will provide such training at no cost to

the agency or center.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1323, Sec. 4, eff.

June 17, 2011.

Sec. 42.0427. PARENTAL VISITATION. All areas of a

licensed facility must be accessible to a parent of a child

who is receiving care at the facility if the parent visits

the child during the facility's hours of operation.


Sept. 1, 1997.

Sec. 42.0428. POLICIES ADDRESSING SEXUAL ABUSE AND

OTHER MALTREATMENT OF CHILDREN. (a) Each child-placing

agency or day-care center shall adopt and implement a

policy addressing sexual abuse and other maltreatment of

children.

(b) A policy required by this section must address:

(1) methods for increasing child-placing agency

and day-care center staff and parent awareness of issues

regarding and prevention techniques for sexual abuse and

other maltreatment of children, including knowledge of

likely warning signs indicating that a child may be a

victim of sexual abuse or other maltreatment; and

(2) actions that, after contacting an agency or

center, the parent of a child who is a victim of sexual

abuse or other maltreatment should take to obtain

assistance and intervention.

(c) The methods under Subsection (b)(1) for

increasing awareness of issues regarding and prevention

techniques for sexual abuse and other maltreatment of

children must include:

78

(1) the training required under Section

42.04261; and

(2) strategies for coordination between the

child-placing agency or day-care center and appropriate

community organizations.


June 17, 2011.

Sec. 42.043. RULES FOR IMMUNIZATIONS. (a) The

department shall make rules for the immunization of

children in facilities regulated under this chapter.

(b) The department shall require that each child at

an appropriate age have a test for tuberculosis and be

immunized against diphtheria, tetanus, poliomyelitis,

mumps, rubella, rubeola, invasive pneumococcal disease, and

hepatitis A and against any other communicable disease as

recommended by the Department of State Health

Services. The immunization must be effective on the date

of first entry into the facility. However, a child may be

provisionally admitted if the required immunizations have

begun and are completed as rapidly as medically feasible.

(c) The Texas Department of Health shall make rules

for the provisional admission of children to facilities

regulated under this chapter and may modify or delete any

of the immunizations listed in Subsection (b) of this

section or require additional immunizations as a

requirement for admission to a facility.

(d) No immunization may be required for admission to

a facility regulated under this chapter if a person

applying for a child's admission submits one of the

following affidavits:

(1) an affidavit signed by a licensed physician

stating that the immunization poses a significant risk to

the health and well-being of the child or a member of the

child's family or household; or

79

(2) an affidavit signed by the child's parent or

guardian stating that the applicant declines immunization

for reasons of conscience, including a religious belief.

(d-1) An affidavit submitted under Section (d)(2)

must be on a form described by Section 161.0041, Health and

Safety Code, and must be submitted not later than the 90th

day after the date the affidavit is notarized.

(e) Each regulated facility shall keep an individual

immunization record for each child admitted, and the

records shall be open for inspection by the department at

all reasonable times.

(f) The Texas Department of Health shall provide the

immunizations required by this section to children in areas

where there is no local provision of these services.


eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch.



ch. 198, Sec. 2.164, eff. Sept. 1, 2003.

Amended by:


1, 2005.

Sec. 42.0431. ENFORCEMENT OF SCREENING REQUIREMENTS

RELATING TO VISION, HEARING, AND OTHER SPECIAL SENSES AND

COMMUNICATION DISORDERS. (a) The department, after

consultation with the Texas Department of Health, shall

adopt rules necessary to ensure that children receiving

care at a day-care center or group day-care home licensed

under this chapter are screened for vision, hearing, and

any other special senses or communication disorders in

compliance with rules adopted by the Texas Board of Health

under Section 36.004, Health and Safety Code.

(b) Each day-care center or group day-care home

licensed under this chapter shall maintain individual

80

screening records for children attending the facility who

are required to be screened, and the department may inspect

those records at any reasonable time. The department shall

coordinate the monitoring inspections in compliance with

protocol agreements adopted between the department and the

Texas Department of Health pursuant to Section 42.0442.

(c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720,

Sec. 19(2), eff. September 1, 2009.

Added by Acts 1999, 76th Leg., ch. 712, Sec. 1, eff. June

18, 1999.

Amended by:


September 1, 2009.

Sec. 42.044. INSPECTIONS. (a) An authorized

representative of the department may visit a facility

regulated under this chapter or a registered family home

during operating hours to investigate, inspect, and

evaluate.

(b) The department shall inspect all licensed or

certified facilities at least once a year and may inspect

other facilities or registered family homes as necessary.

At least one of the annual visits must be unannounced and

all may be unannounced.

(b-1) At least one of the unannounced, annual

inspections of a residential child-care facility must be

conducted by a team of at least two residential child-care

monitoring staff, and, if feasible, members of the

inspection team must be from different residential child-

care monitoring units.

(b-2) Except as otherwise provided by this

subsection, during an unannounced annual inspection of a

day-care center, the department shall meet with the

director designated by the day-care center as having daily,

on-site responsibility for the operation of the day-care

81

center to assess whether the director meets the

qualifications of a director specified by this chapter and

department rules. If the director is not present during

the unannounced annual inspection, the department shall

schedule a subsequent meeting with the director for that

purpose and shall conduct that meeting at the day-care

center.

(c) The department must investigate a facility

regulated under this chapter or a registered family home

when a complaint is received. The representative of the

department must notify the operator of a registered family

home or the director or authorized representative of a

regulated facility when a complaint is being investigated

and report in writing the results of the investigation to

the family home's operator or to the regulated facility's

director or the director's authorized representative.

(c-1) The department:

(1) shall investigate a listed family home if

the department receives a complaint that:

(A) a child in the home has been abused or

neglected, as defined by Section 261.401, Family Code; or

(B) otherwise alleges an immediate risk of

danger to the health or safety of a child being cared for

in the home; and

(2) may investigate a listed family home to

ensure that the home is providing care for compensation to

not more than three children, excluding children who are

related to the caretaker.

(c-2) The department must notify the operator of a

listed family home when a complaint is being investigated

under this section and report in writing the results of the

investigation to the family home's operator.

(d) The department may call on political subdivisions

and governmental agencies for assistance within their

authorized fields.

82

(e) In addition to the department's responsibility to

investigate an agency foster home or agency foster group

home under Subsection (c), the department shall:

(1) periodically conduct inspections of a random

sample of agency foster homes and agency foster group

homes;

(2) investigate any report of a serious incident

in an agency foster home or agency foster group home that

pertains to a child under the age of six;

(3) investigate any alleged violation of a

minimum standard by an agency foster home or agency foster

group home that poses a high degree of risk to a child in

the care of the home who is under the age of six; and

(4) conduct at least one annual enforcement team

conference for each child-placing agency to thoroughly

review the investigations or inspections of the child-

placing agency and all of its agency homes to monitor and

enforce compliance by a child-placing agency with rules and

standards established under Section 42.042.

(f) The department shall use an inspection checklist

that includes a list of all required items for inspection

in conducting a monitoring inspection under this section.






77th Leg., ch. 218, Sec. 5, eff. Sept. 1, 2001.

Amended by:


September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 32(a), eff.

September 1, 2007.


September 1, 2009.

83


September 1, 2011.

Sec. 42.0441. INSPECTION RESULTS FOR CERTAIN

NONRESIDENTIAL CHILD-CARE FACILITIES. Immediately after

completing a monitoring inspection of a licensed day-care

center, licensed group day-care home, or registered family

home under Section 42.044, the authorized representative of

the department shall review the results of the monitoring

inspection with a representative of the facility and give

the facility an opportunity to respond to the inspection

results.

Added by Acts 1997, 75th Leg., ch. 253, Sec. 1, eff. Sept.


Sept. 1, 1997.

Amended by:


September 1, 2005.

Sec. 42.04411. INSPECTION RESULTS AND EXIT CONFERENCE

FOR RESIDENTIAL CHILD-CARE FACILITIES. (a) On completion

of an inspection of a residential child-care facility under

Section 42.044, the inspector shall hold an exit conference

with a representative of the inspected facility. The

inspector shall provide to the representative a copy of the

inspection checklist used by the inspector.

(b) The inspector shall provide the representative an

opportunity to communicate regarding potential violations.

Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.98, eff.

September 1, 2005.

Sec. 42.04412. INTERFERENCE WITH INSPECTION; COURT

ORDER. (a) A person may not interfere with an

84

investigation or inspection of a facility or family home

conducted by the department under this chapter.

(b) During an investigation or inspection of a

facility or family home under this chapter, the facility or

family home shall cooperate with the department and allow

the department to:

(1) access the records of the facility or family

home;

(2) access any part of the premises of the

facility or family home; and

(3) interview any child, employee, or other

person who is present at the facility or family home and

who may have information relevant to the investigation or

inspection.

(c) If access to the records or premises of the

facility or family home cannot be obtained, a district

court in Travis County or in the county in which the

facility or family home is located, for good cause shown

and without prior notice or a hearing, shall issue an order

granting the department access to the records or premises

in order to conduct the inspection, investigation, or

interview.

(d) To assist the department in investigating whether

a person is operating a facility or family home without a

required license, certification, registration, or listing,

a district court in Travis County or in the county in which

the suspected facility or family home is located may, for

good cause shown and without prior notice or a hearing,

issue an order allowing the department to enter the

suspected facility or family home at a time when the

department's evidence shows that the suspected facility or

family home may be providing child care subject to

regulation under this chapter.


September 1, 2009.

85

Sec. 42.0442. COORDINATION OF INSPECTIONS;

ELIMINATION OF DUPLICATIVE INSPECTIONS. (a) The

department shall coordinate monitoring inspections of

licensed day-care centers, licensed group day-care homes,

and registered family homes performed by another state

agency to eliminate redundant inspections.

(b) The department shall form an interagency task

force with the Texas Department of Health, the Texas

Department of Human Services, and the Texas Workforce

Commission to develop an inspection protocol that will

coordinate inspections by those agencies. The protocol

must assign the required items for inspection by each

agency and facilitate the sharing of inspection data and

compliance history.

(c) The interagency task force shall establish an

inspection checklist based on the inspection protocol

developed under Subsection (b). Each state agency that

inspects a facility listed in Subsection (a) shall use the

inspection checklist in performing an inspection. A state

agency shall make a copy of the completed inspection

checklist available to the facility at the facility's

request to assist the facility in maintaining records.

(d) The department shall provide to facilities listed

in Subsection (a) information regarding inspections,

including who may inspect a facility and the purpose of

each type of inspection.



Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 169,

Sec. 2, eff. Sept. 1, 2001.

Text of section as added by Acts 1997, 75th Leg., ch. 253,

Sec. 1

86

Sec. 42.0443. INSPECTION INFORMATION DATABASE. (a)

If feasible using available information systems, the

department shall establish a computerized database

containing relevant inspection information on licensed day-

care centers, licensed group day-care homes, and registered

family homes from other state agencies and political

subdivisions of the state.

(b) The department shall make the data collected by

the department available to another state agency or

political subdivision of the state for the purpose of

administering programs or enforcing laws within the

jurisdiction of that agency or subdivision. If feasible

using available information systems, the department shall

make the data directly available to the Texas Department of

Health, the Texas Department of Human Services, and the

Texas Workforce Commission through electronic information

systems. The department, the Texas Department of Health,

the Texas Department of Human Services, and the Texas

Workforce Commission shall jointly plan the development of

child-care inspection databases that, to the extent

feasible, are similar in their design and architecture to

promote the sharing of data.

(c) The department may provide inspection data on

licensed day-care centers, licensed group day-care homes,

or registered family homes to the public if the department

determines that providing inspection data enhances consumer

choice with respect to those facilities.



Sept. 1, 1997.

Text of section as added by Acts 2003, 78th Leg., ch. 709,

Sec. 1.

87

Sec. 42.0443. COORDINATION OF FIRE SAFETY AND

SANITATION INSPECTIONS. (a) The department may not

inspect a licensed day-care center, licensed group day-care

home, or registered family home for compliance with the

department's fire safety or sanitation standards if the

facility, at the time of the department's inspection,

provides the department with documentation relating to a

current fire safety or sanitation inspection, as

applicable, performed by a political subdivision of this

state that indicates that the facility is in compliance

with the applicable standards of the political subdivision.

(b) If the documentation provided under Subsection

(a) indicates that the facility was required to take

corrective action or that the political subdivision imposed

a restriction or condition on the facility, the department

shall determine whether the facility took the required

corrective action or complied with the restriction or

condition.

(c) The department may inspect a facility subject to

this section for compliance with the department's fire

safety or sanitation standards if:

(1) the facility does not provide the

documentation described by Subsection (a); or

(2) the department determines that the facility

did not take a corrective action or comply with a

restriction or condition described by Subsection (b).

(d) Notwithstanding any other provision of this

section, the department shall report to the appropriate

political subdivision any violation of fire safety or

sanitation standards observed by the department at a

facility subject to this section.

(e) The department shall adopt rules necessary to

implement this section.


1, 2003.

88

Sec. 42.04431. ENFORCEMENT OF STATE LAW BY COUNTY OR

MUNICIPALITY. (a) A municipality or a county may enforce

state law and rules adopted under state law concerning fire

safety standards at a licensed group day-care home or a

registered family home.

(b) A municipality or county shall report to the

department any violation of fire safety standards observed

by the municipality or county at a licensed group day-care

home or registered family home.


September 1, 2011.

Sec. 42.0445. REQUIRED BACKGROUND SEARCH OF CENTRAL

REGISTRY OF REPORTED CASES OF CHILD ABUSE OR NEGLECT. (a)

Before the department issues a license, listing,

registration, or certification under this subchapter, the

department shall search the central registry of reported

cases of child abuse or neglect established under Section

261.002, Family Code, to determine whether the applicant or

the owner or an employee of the facility or family home is

listed in the registry as a person who abused or neglected

a child.

(b) The department may adopt rules to implement this

section.


Sept. 1, 1997.

Amended by:


September 1, 2007.

Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION

INFORMATION FROM INTERNET WEBSITE. The executive

89

commissioner shall adopt rules providing a procedure by

which the department removes from the department's Internet

website information with respect to a child-care facility

or registered family home that relates to an anonymous

complaint alleging that the facility or family home failed

to comply with the department's minimum standards if, at

the conclusion of an investigation, the department

determines that the complaint is false or lacks factual

foundation.


September 1, 2005.

Sec. 42.0447. FALSE REPORT; CRIMINAL PENALTY. (a)

A person commits an offense if the person knowingly or

intentionally files a complaint alleging that a child-care

facility or registered family home failed to comply with

the department's minimum standards and the person knows the

allegation is false or lacks factual foundation.

(b) An offense under this section is a Class A

misdemeanor unless it is shown on the trial of the offense

that the person has previously been convicted under this

section, in which case the offense is a state jail felony.


September 1, 2005.

Sec. 42.0448. NOTIFICATION OF FAMILY VIOLENCE CALLS.

The department shall notify a child-placing agency of each

family violence report the department receives under

Article 5.05, Code of Criminal Procedure, that:

(1) occurred at an agency foster home verified

by the child-placing agency; or

(2) involves a person who resides at an agency

foster home verified by the child-placing agency.

90

Added by Acts 2007, 80th Leg., R.S., Ch. 524, Sec. 4, eff.

June 16, 2007.

Sec. 42.0449. REQUIRED ACTIONS AFTER NOTICE OF FAMILY

VIOLENCE CALL. The executive commissioner shall adopt

rules specifying the actions that the department, an

independent foster home, and a child-placing agency shall

take after receiving notice of a family violence report

under Article 5.05, Code of Criminal Procedure, or Section

42.0448 to ensure the health, safety, and welfare of each

child residing in the licensed foster home or verified

agency foster home.


June 16, 2007.

Sec. 42.045. RECORDS. (a) A person who operates a

licensed or certified facility shall maintain individual

child development records, individual health records,

statistical records, and complete financial records.

(b) A person who provides adoption services under a

license to operate a child-placing agency shall furnish

information required by the department to determine whether

adoption related income and disbursements are reasonable,

appropriate, and in compliance with the department's

minimum standards.

(c) If a child-placing agency terminates operation as

a child-placing agency, it shall, after giving notice to

the department, transfer its files and records concerning

adopted children, their biological families, and their

adoptive families to the Bureau of Vital Statistics or,

after giving notice to the Bureau of Vital Statistics, to a

facility licensed by the department to place children for

adoption.

91

(d) An independent foster home and a child-placing

agency shall notify the department of any change of address

for a licensed foster home or a verified agency foster

home. The independent foster home and child-placing

agency shall notify the department of the address change

within the earlier of two business days or 72 hours of the

date the foster home changes its address.



1782, ch. 342, Sec. 2, eff. Jan. 1, 1984; Acts 1989, 71st

Leg., ch. 707, Sec. 1, eff. Sept. 1, 1989; Acts 1997, 75th



Amended by:

Acts 2007, 80th Leg., R.S., Ch. 524, Sec. 5, eff. June

16, 2007.

Sec. 42.0451. DATABASE OF FOSTER HOMES; INFORMATION

PROVIDED TO DEPARTMENT OF PUBLIC SAFETY. (a) The

department shall maintain a database of licensed foster

homes and verified agency foster homes including the

current address for each licensed or verified home as

reported to the department. The database must be updated

on a regular basis.

(b) The department shall make the database available

to the Department of Public Safety for the purposes of

Subsection (c).

(c) The Department of Public Safety shall include the

information provided under Subsection (b) in the Texas

Crime Information Center database and establish a procedure

by which a peace officer or employee of a law enforcement

agency who provides the department with a street address is

automatically provided information as to whether the

address is licensed as a foster home or verified as an

agency foster home under this chapter.

92

(d) Information provided to the Department of Public

Safety under this section is confidential and not subject

to disclosure under Chapter 552, Government Code.


June 16, 2007.

Sec. 42.0452. FOSTER PARENT RIGHTS AND

RESPONSIBILITIES STATEMENT. (a) The department shall

develop a statement that lists the rights and

responsibilities of a foster parent in a foster home or an

agency foster home and of the department or a child-placing

agency, as applicable.

(b) The department shall provide a written copy of

the statement developed under Subsection (a) to each foster

parent in a foster home and to each child-placing agency

licensed by the department. A child-placing agency shall

provide a written copy of the statement developed under

Subsection (a) to each foster parent in an agency foster

home verified by the child-placing agency.


June 19, 2009.

Sec. 42.046. APPLICATION FOR LICENSE, LISTING, OR

REGISTRATION. (a) An applicant for a license to operate a

child-care facility or child-placing agency or for a

listing or registration to operate a family home shall

submit to the department the appropriate fee prescribed by

Section 42.054 and a completed application on a form

provided by the department.

(b) The department shall supply the applicant the

application form and a copy of the appropriate minimum

standards, if applicable.

93

(c) After receiving an application, the department

shall investigate the applicant and the plan of care for

children, if applicable.

(d) The department shall complete the investigation

and decide on an application within two months after the

date the department receives a completed application.

(e) The department may deny an application under this

section if the applicant:

(1) has a residential child-care facility

license revoked in another state; or

(2) is barred from operating a residential

child-care facility in another state.







Leg., ch. 1217, Sec. 5, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.

Sec. 42.0461. PUBLIC NOTICE AND HEARING IN CERTAIN

COUNTIES: RESIDENTIAL CHILD CARE. (a) Before the

department may issue a license or certificate for the

operation or the expansion of the capacity of a foster

group home or foster family home that is located in a

county with a population of less than 300,000 and that

provides child care for 24 hours a day at a location other

than the actual residence of a child's primary caretaker or

of a general residential operation, the applicant for the

license, certificate, or expansion shall, at the

applicant's expense:

94

(1) conduct a public hearing on the application

in accordance with department rules after notifying the

department of the date, time, and location of the hearing;

and

(2) publish notice of the application in a

newspaper of general circulation in the community in which

the child-care services are proposed to be provided.

(b) The notice required by Subsection (a)(2) must be

published at least 10 days before the date of the public

hearing required by Subsection (a)(1) and must include:

(1) the name and address of the applicant;

(2) the address at which the child-care services

are proposed to be provided;

(3) the date, time, and location of the public

hearing;

(4) the name, address, and telephone number of

the department as the licensing authority; and

(5) a statement informing the public that a

person may submit written comments to the department

concerning the application instead of or in addition to

appearing at the public hearing.

(c) The department shall require a representative of

the department to attend the public hearing in an official

capacity for the purpose of receiving public comments on

the application.

(d) Before issuing a license or certificate described

by Subsection (a), the department shall consider:

(1) the amount of local resources available to

support children proposed to be served by the applicant;

(2) the impact of the proposed child-care

services on the ratio in the local school district of

students enrolled in a special education program to

students enrolled in a regular education program and the

effect, if any, on the children proposed to be served by

the applicant; and

95

(3) the impact of the proposed child-care

services on the community and the effect on opportunities

for social interaction for the children proposed to be

served by the applicant.

(e) The department may deny the application if the

department determines that:

(1) the community has insufficient resources to

support children proposed to be served by the applicant;

(2) granting the application would significantly

increase the ratio in the local school district of students

enrolled in a special education program to students

enrolled in a regular education program and the increase

would adversely affect the children proposed to be served

by the applicant; or

(3) granting the application would have a

significant adverse impact on the community and would limit

opportunities for social interaction for the children

proposed to be served by the applicant.

(f) A child-placing agency that proposes to verify an

agency foster home or agency foster group home that is

located in a county with a population of less than 300,000

that provides child care for 24 hours a day at a location

other than the actual residence of a child's primary

caretaker shall:

(1) comply with the notice and hearing

requirements imposed by Subsections (a) and (b); and

(2) after conducting the required public

hearing, provide the department with information relating

to the considerations specified in Subsection (d).

(g) The department may prohibit the child-placing

agency from verifying the proposed agency foster home or

agency foster group home on the same grounds that the

department may deny an application under Subsection

(e). The department may invalidate the verification of an

agency foster home or agency foster group home that was not

96

verified using the procedures required by Subsection (f) on

or after September 1, 1997.


Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2007.


September 1, 2009.

Sec. 42.047. CONSULTATIONS. (a) The department

shall offer consultation to potential applicants,

applicants, and license, listing, registration, and

certification holders about meeting and maintaining

standards for licensing, listing, registration, and

certification and achieving programs of excellence in child

care.

(b) The department shall offer consultation to

prospective and actual users of facilities or homes.




ch. 1217, Sec. 6, eff. Sept. 1, 1997.

Sec. 42.048. LICENSING. (a) The department shall

issue a license after determining that an applicant has

satisfied all requirements.

(b) When issuing a license, the department may impose

restrictions on a facility, including but not limited to

the number of children to be served and the type of

children to be served.

97

(c) The department may grant a variance of an

individual standard set forth in the applicable standards

for good and just cause.

(d) A license holder must display a license issued

under this chapter in a prominent place at the facility.

(e) A license issued under this chapter is not

transferable and applies only to the operator and facility

location stated in the license application. Except as

provided by this subsection, a change in location or

ownership automatically revokes a license. A change in

location of a child-placing agency does not automatically

revoke the license to operate the child-placing agency.

(f) A license must be issued if the department

determines that a facility meets all requirements. The

evaluation shall be based on one or more visits to the

facility and a review of required forms and records. A

license is valid until revoked or surrendered.



1081, Sec. 1, eff. Sept. 1, 1987. Renumbered from Human

Resources Code Sec. 42.049 and amended by Acts 1997, 75th


Amended by:


September 1, 2007.

Sec. 42.049. LIABILITY INSURANCE REQUIRED. (a) A

license holder shall maintain liability insurance coverage

in the amount of $300,000 for each occurrence of

negligence. An insurance policy or contract required under

this section must cover injury to a child that occurs while

the child is on the premises of the license holder or in

the care of the license holder.

(b) A license holder shall file with the department a

certificate or other evidence from an insurance company

98

showing that the license holder has an unexpired and

uncancelled insurance policy or contract that meets the

requirements of this section.

(c) Should the license holder for financial reasons

or for lack of availability of an underwriter willing to

issue a policy be unable to secure the insurance required

under Subsection (a) or should the policy limits be

exhausted, the license holder shall notify the parent or a

person standing in parental relationship to each child for

whom the license holder provides care a written notice that

the liability coverage is not provided and there will not

be a ground for suspension or revocation of the license

holder's license under this chapter. The license holder

shall also notify the department that the coverage is not

provided and provide the reason for same. In no case shall

the inability to secure coverage serve to indemnify the

license holder for damages due to negligence.

(d) The insurance policy or contract shall be

maintained at all times in an amount as required by this

section. Failure by a license holder to renew the policy

or contract or to maintain the policy or contract in the

required amount is a ground for suspension or revocation of

the license holder's license under this chapter.

(e) This section does not apply to a group day-care

home or a listed or registered family home.

Added by Acts 1993, 73rd Leg., ch. 1002, Sec. 1, eff. Sept.

1, 1993. Amended by Acts 1997, 75th Leg., ch. 1217, Sec.

7, eff. Sept. 1, 1997. Renumbered from Human Resources

Code, Sec. 42.0491 and amended by Acts 1997 75th Leg., ch.

1063, Sec. 7, eff. Sept. 1, 1997.

Sec. 42.050. LICENSE RENEWAL. (a) A license holder

may apply for a new license in compliance with the

requirements of this chapter and the rules promulgated by

the department.

99

(b) The application for a new license must be

completed and decided on by the department before the

expiration of the license under which a facility is

operating.

(c) The department shall evaluate the application for

a new license to determine if all licensing requirements

are met. The evaluation may include a specified number of

visits to the facility and must include a review of all

required forms and records.

Amended by Acts 1997, 75th Leg., ch. 1063, Sec. 7, eff.

Sept. 1, 1997.

Sec. 42.051. INITIAL LICENSE. (a) The department

shall issue an initial license when a facility's plans meet

the department's licensing requirements and one of the

following situations exists:

(1) the facility is not currently operating;

(2) the facility has relocated and has made

changes in the type of child-care service it provides; or

(3) there is a change in ownership of the

facility resulting in changes in policy and procedure or in

the staff who have direct contact with the children.

(b) An initial license is valid for six months from

the date it is issued and may be renewed for an additional

six months.


eff. Sept. 1, 1979. Amended by Acts 1989, 71st Leg., ch.


1063, Sec. 7, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.

100

Sec. 42.052. CERTIFICATION, LISTING, AND

REGISTRATION. (a) A state-operated child-care facility or

child-placing agency must receive certification of approval

from the department. The certification of approval remains

valid until revoked or surrendered.

(b) To be certified, a facility must comply with the

department's rules and standards and any provisions of this

chapter that apply to a licensed facility of the same

category. The operator of a certified facility must

display the certification in a prominent place at the

facility.

(c) A family home that provides care for compensation

for three or fewer children, excluding children who are

related to the caretaker, shall list with the department if

the home provides regular care in the caretaker's own

residence. The home may register with the department.

(d) A family home that provides care for four or more

children, excluding children who are related to the

caretaker, shall register with the department. A family

home that provides care exclusively for any number of

children who are related to the caretaker is not required

to be listed or registered with the department.

(e) A registration or listing remains valid until

revoked or surrendered. The operator of a registered home

must display the registration in a prominent place at the

home.

(f) To remain listed or registered with the

department, a family home must comply with the department's

rules and standards, if applicable, and any provision of

this chapter that applies to a listed or registered family

home.

(g) The certification requirements of this section do

not apply to a Texas Youth Commission facility, a Texas

Juvenile Probation Commission facility, or a facility

providing services solely for the Texas Youth Commission.

101

(h) The certification requirements of this section do

not apply to a juvenile detention facility certified under

Section 51.12, Family Code, or a juvenile correctional

facility certified under Section 51.125, Family Code.

(i) The department shall provide to a listed family

home a copy of the listing. A listing must contain a

provision that states: "THIS HOME IS A LISTED FAMILY HOME.

IT IS NOT LICENSED OR REGISTERED WITH THE DEPARTMENT OF

PROTECTIVE AND REGULATORY SERVICES. IT HAS NOT BEEN

INSPECTED AND WILL NOT BE INSPECTED." The operator of a

listed home is not required to display the listing in a

prominent place at the home but shall make the listing

available for examination. The department by rule shall

provide for a sufficient period to allow operators of

family homes to comply with the listing requirement of this

section.

(j) The operator of a listed family home shall

undergo initial and subsequent background and criminal

history checks required under Section 42.056. If the

operator of a listed family home fails to submit the

information required by Section 42.056 for a subsequent

background and criminal history check, the department shall

automatically:

(1) suspend the home's listing until the

required information is submitted; and

(2) revoke the home's listing if the required

information is not submitted within six months after the

date the automatic suspension begins.

(j-1) A suspension or revocation under Subsection (j)

is not a suspension or revocation under Section 42.072.

(k) The department shall issue a listing or

registration to a family home, as appropriate, in both

English and Spanish when the most recent federal census

shows that more than one-half of the population in a

municipality or in a commissioners precinct in a county in

102

which the family home is located is of Hispanic origin or

Spanish-speaking.






Leg., ch. 1052, Sec. 4.06, eff. Sept. 1, 1987; Acts 1989,

71st Leg., ch. 707, Sec. 3, eff. Sept. 1, 1989; Acts 1995,

74th Leg., ch. 76, Sec. 8.023, eff. Sept. 1, 1995; Acts

1995, 74th Leg., ch. 262, Sec. 55, eff. Jan. 1, 1996; Acts




Acts 2001, 77th Leg., ch. 218, Sec. 6 to 8, eff. Sept. 1,

2001.

Amended by:


June 8, 2007.


September 1, 2011.

Sec. 42.0521. DEPOSIT OF FEES. The fees authorized

by this chapter and received by the department shall be

deposited in the general revenue fund.


1, 1985.

Sec. 42.0522. PUBLIC ADVERTISING OF FAMILY HOMES.

(a) A family home may not place a public advertisement

that uses the title "registered family home" or any

variation of that phrase unless the home is registered

under this chapter. Any public advertisement for a

registered family home that uses the title "registered

103

family home" must contain a provision in bold type stating:

"THIS HOME IS REGISTERED WITH THE DEPARTMENT OF PROTECTIVE

AND REGULATORY SERVICES BUT IS NOT LICENSED OR REGULARLY

INSPECTED."

(b) A family home may not place a public

advertisement that uses the title "listed family home" or

any variation of that phrase unless the home is listed as

provided by this chapter. Any public advertisement for a

listed family home that uses the title "listed family home"

must contain a provision in bold type stating: "THIS HOME

IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED

WITH THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES.

IT HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED."



Sept. 1, 1997.

Sec. 42.0523. LISTING OF RELATIVE CHILD-CARE

PROVIDERS. (a) A child-care provider who only provides

child care under Chapter 313, Labor Code, to children

related to the provider may list the provider's home as a

family home.

(b) Before the department may list a child-care

provider's home under this section, in addition to

conducting any other background or criminal history check

required for a family home listing, the department must

search the central database of sex offender registration

records maintained by the Department of Public Safety under

Chapter 62, Code of Criminal Procedure, to determine

whether the provider is listed in the registry as a sex

offender.

(c) The address of a family home listed under this

section is the address of the child-care provider's home,

regardless of whether the child care is provided in the

provider's home or in the child's home.

104

(d) A relative child-care provider's home listed as a

family home under this section is exempt from the health

and safety requirements of 45 C.F.R. Section 98.41(a).


September 1, 2011.

Sec. 42.053. AGENCY FOSTER HOMES AND AGENCY FOSTER

GROUP HOMES. (a) An agency foster home or agency foster

group home is considered part of the child-placing agency

that operates the agency foster home or agency foster group

home for purposes of licensing.

(b) The operator of a licensed agency shall display a

copy of the license in a prominent place in the agency

foster home or agency foster group home used by the agency.

(c) An agency foster home or agency foster group home

shall comply with all provisions of this chapter and all

department rules and standards that apply to a child-care

facility caring for a similar number of children for a

similar number of hours each day.

(d) The department shall revoke or suspend the

license of a child-placing agency if an agency foster home

or agency foster group home operated by the licensed agency

fails to comply with Subsection (c) of this section.




ch. 1063, Sec. 7, eff. Sept. 1, 1997.

Sec. 42.0535. REQUIRED INFORMATION FOR VERIFICATION.

(a) A child-placing agency that seeks to verify an agency

home or an agency group home shall request background

information about the agency home or group home from a

child-placing agency that has previously verified that

agency home or agency group home.

105

(b) Notwithstanding Section 261.201, Family Code, a

child-placing agency that has verified an agency home or an

agency group home is required to release to another child-

placing agency background information requested under

Subsection (a).

(c) A child-placing agency that releases background

information under this section is immune from civil and

criminal liability for the release of the information.

(d) For purposes of this section, background

information means the home study under which the agency

home or agency group home was verified by the previous

child-placing agency and any record of noncompliance with

state minimum standards received and the resolution of any

such noncompliance by the previous child-placing agency.

(e) The department, by rule, shall develop a process

by which a child-placing agency shall report to the

department:

(1) the name of any verified foster home or

foster group home that has been closed for any reason,

including a voluntary closure;

(2) information regarding the reasons for the

closure of the foster home or foster group home; and

(3) the name and other contact information of a

person who may be contacted by another child-placing agency

to obtain the records relating to the closed foster home or

foster group home that are required to be maintained and

made available under this section.

(f) Information gathered under Subsection (e) must be

made available to child-placing agencies through a

searchable database maintained by the department.

Added by Acts 1997, 75th Leg., ch. 575, Sec. 36(a), eff.

Sept. 1, 1997.

Amended by:


September 1, 2007.

106

Sec. 42.0536. TRANSFER OF AGENCY FOSTER HOME. (a)

An agency foster home that is verified by a child-placing

agency may transfer to another child-placing agency only

if, before the date of the transfer, the agency foster home

notifies the child-placing agency to which the agency

foster home is transferring of each licensing violation for

which the agency foster home has been cited by the

department during the preceding three years.

(b) The child-placing agency to which the agency

foster home is transferring shall submit a written request

for transfer to the child-placing agency that verified the

agency foster home.

(c) Not later than the 10th day after the date the

child-placing agency receives a request for transfer under

Subsection (b), the child-placing agency shall provide the

child-placing agency that submitted the request a copy of

any of the following documents regarding the agency foster

home:

(1) a corrective action plan;

(2) an annual development plan; or

(3) a description of any imposed or potential

service limitation.

(d) The department caseworker for each child placed

in the agency foster home may conduct a review meeting to

determine whether the transfer of the agency foster home is

in the best interest of each child in the home on the

request of:

(1) the child-placing agency to which the agency

foster home is transferring;

(2) the child-placing agency that verified the

agency foster home;

(3) the agency foster home; or

(4) the caseworker.

107

(e) After a review meeting, the caseworker shall

determine whether each child placed in the agency foster

home shall:

(1) stay in the agency foster home after the

agency foster home is transferred to the new child-placing

agency; or

(2) be removed from the agency foster home

before the agency foster home is transferred to the new

child-placing agency.



Sec. 42.054. FEES. (a) The department shall charge

an applicant a nonrefundable application fee of $35 for an

initial license to operate a child-care facility or a

child-placing agency.

(b) The department shall charge each child-care

facility a fee of $35 for an initial license. The

department shall charge each child-placing agency a fee of

$50 for an initial license.

(c) The department shall charge each licensed child-

care facility an annual license fee in the amount of $35

plus $1 for each child the child-care facility is permitted

to serve. The fee is due on the date on which the

department issues the child-care facility's initial license

and on the anniversary of that date.

(d) The department shall charge each licensed child-

placing agency an annual license fee of $100. The fee is

due on the date on which the department issues the child-

placing agency's initial license and on the anniversary of

that date.

(e) The department shall charge each family home that

is listed or registered with the department an annual fee

to cover a part of the department's cost in regulating

family homes. The amount of the fee is $20 for a listed

108

home or $35 for a registered home. The fee is due on the

date on which the department initially lists or registers

the home and on the anniversary of that date.

(f) If a facility, agency, or home fails to pay the

annual fee when due, the license, listing, or registration,

as appropriate, is automatically suspended until the fee is

paid. The license, listing, or registration shall be

revoked if the fee is not paid within six months after the

date the automatic suspension begins. A suspension or

revocation under this subsection is not a suspension or

revocation under Section 42.072.

(g) The provisions of Subsections (b) through (f) of

this section do not apply to:

(1) licensed foster homes and licensed foster

group homes;

(2) nonprofit facilities regulated under this

chapter that provided 24-hour care for children in the

managing conservatorship of the department during the 12-

month period immediately preceding the anniversary date of

the facility's license;

(3) facilities operated by a nonprofit

corporation or foundation that provides 24-hour residential

care and does not charge for the care provided; or

(4) a family home listed under Section 42.0523

in which the relative child-care provider cares for the

child in the child's own home.



11, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2011.

109


September 1, 2011.

Sec. 42.055. SIGN POSTING. (a) Each child-care

facility shall post in a location that is conspicuous to

all employees and customers a sign that includes:

(1) a description of the provisions of the

Family Code relating to the duty to report child abuse or

neglect;

(2) a description of the penalties for violating

the reporting provisions of the Family Code; and

(3) a brief description of sudden infant death

syndrome, shaken-baby syndrome, and childhood diabetes and

methods for preventing those phenomena.

(a-1) A licensed day-care center, licensed group day-

care home, or registered family home subject to Section

42.0423 shall include in the sign required under Subsection

(a) a description of how to access a listing of unsafe

children's products on the United States Consumer Product

Safety Commission's Internet website or through the

department's public Internet website.

(b) The department by rule shall determine the

design, size, and wording of the sign.

(c) The department shall provide the sign to each

child-care facility without charge.

(d) A person who operates a child-care facility

commits an offense if the department provides a sign to the

facility as provided by this section and the person

intentionally fails to display the sign in the facility as

prescribed by this section. An offense under this

subsection is a Class C misdemeanor.

Added by Acts 1989, 71st Leg., 1st C.S., ch. 20, Sec. 1,

eff. Nov. 1, 1989. Amended by Acts 1997, 75th Leg., ch.

165, Sec. 7.47, eff. Sept. 1, 1997. Renumbered from Human

Resources Code Sec. 42.056 and amended by Acts 1997, 75th

110

Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997. Amended by


Amended by:


September 1, 2009.

Sec. 42.0551. POSTING OF EMPLOYEE LIST. (a) Each

day-care center, group day-care home, and family home shall

post a list of all current employees at the center or home

in accordance with rules adopted by the executive

commissioner.

(b) The executive commissioner shall adopt rules

regarding the size, wording, and placement of the list

required under this section.


September 1, 2005.

Sec. 42.056. REQUIRED BACKGROUND AND CRIMINAL HISTORY

CHECKS; CRIMINAL PENALTIES. (a) In accordance with rules

adopted by the executive commissioner, the director, owner,

or operator of a child-care facility, child-placing agency,

or family home shall, when applying to operate a child-care

facility or child-placing agency or when listing or

registering a family home and at least once during each 24

months after receiving a license, listing, registration, or

certification of approval, submit to the department for use

in conducting background and criminal history checks the

name of:

(1) the director, owner, and operator of the

facility, agency, or home;

(2) each person employed at the facility,

agency, or home;

(3) each prospective employee of the facility,

agency, or home;

111

(4) each current or prospective foster parent

providing foster care through a child-placing agency;

(5) each prospective adoptive parent seeking to

adopt through a child-placing agency;

(6) each person at least 14 years of age, other

than a client in care, who:

(A) is counted in child-to-caregiver ratios

in accordance with the minimum standards of the department;

(B) will reside in a prospective adoptive

home if the adoption is through a child-placing agency;

(C) has unsupervised access to children in

care at the facility or family home; or

(D) resides in the facility or family home;

or

(7) each person 14 years of age or older, other

than a client in care, who will regularly or frequently be

staying or working at a facility, family home, or

prospective adoptive home, while children are being

provided care.

(a-1) Repealed by Acts 2009, 81st Leg., R.S., Ch.


(a-2) In accordance with rules adopted by the

executive commissioner, the director, owner, or operator of

a day-care center, before-school or after-school program,

or school-age program shall submit a complete set of

fingerprints of each person whose name is required to be

submitted by the director, owner, or operator under

Subsection (a), unless the person is only required to have

the person's name submitted based on criteria specified by

Subsection (a)(7). This subsection does not apply to a

program that is exempt from the licensing requirements of

Section 42.041.



a child-placing agency, foster home, or foster group home

must, before a child for whom the department is the

112

managing conservator is placed with the agency or in the

home, submit a complete set of fingerprints of the

following persons:

(1) a person who applies to be a foster or

adoptive parent, including a person who has previously

adopted a child unless the person is also verified as a

foster or adoptive home; and

(2) a person who is 18 years of age or older and

who lives in the home of a person who applies to be a

foster or adoptive parent.



a child-care facility or family home shall submit a

complete set of fingerprints of each person whose name is

required to be submitted by the director, owner, or

operator under Subsection (a) if:

(1) the person resided in another state during

the five years preceding the date the person's name was

required to be submitted under Subsection (a); or

(2) the director, owner, or operator has reason

to suspect that the person has a criminal history in

another state.

(a-5) The rules adopted by the executive commissioner

under Subsections (a-2), (a-3), and (a-4):

(1) must require that the fingerprints be

submitted in a form and of a quality acceptable to the

Department of Public Safety and the Federal Bureau of

Investigation for conducting a criminal history check;

(2) may require that the fingerprints be

submitted electronically through an applicant

fingerprinting service center; and

(3) may allow the department to waive the

submission of fingerprints required by this section if:

(A) the person for whom the submission is

required has:

113

(i) a fingerprint-based criminal

history record check on file with the department; or

(ii) a fingerprint-based criminal

history clearinghouse record, as provided by Section

411.0845, Government Code, that is accessible to the

department through the Department of Public Safety; and

(B) the date on which the current

submission of fingerprints is required occurs before the

second anniversary of a previous name-based criminal

history check of the person.

(b) The department shall conduct background and

criminal history checks using:

(1) the information provided under Subsection

(a);

(2) the information made available by the

Department of Public Safety under Section 411.114,

Government Code, or by the Federal Bureau of Investigation

or other criminal justice agency under Section 411.087,

Government Code; and

(3) the department's records of reported abuse

and neglect.

(b-1) In addition to any other background or criminal

history check conducted under Subsection (b), for each

person whose fingerprints are submitted under Subsection

(a-2), (a-3), or (a-4), the department shall conduct a

state and Federal Bureau of Investigation criminal history

check by:

(1) submitting the person's fingerprints, or

causing the fingerprints to be submitted electronically, to

the Department of Public Safety for the purpose of

conducting a state and federal criminal history check; and

(2) using the resulting information made

available by that department under Section 411.114,

Government Code, and by the Federal Bureau of Investigation

and any other criminal justice agency under Section

411.087, Government Code.

114

(c) The department by rule shall require a child-care

facility, child-placing agency, or registered family home

to pay to the department a fee in an amount not to exceed

the administrative costs the department incurs in

conducting a background and criminal history check under

this section.

(d) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720,


(e) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720,


(f) As part of a background check under this section,

the department shall provide any relevant information

available in the department's records regarding a person's

previous employment in a facility or family home to the

person submitting the request.

(g) Except as otherwise provided by this subsection,

a person whose name is submitted under Subsection (a) may

not provide direct care or have direct access to a child in

a facility or family home before the person's background

and criminal history checks under Subsections (b) and (b-1)

are completed. A person may be employed at a facility or

family home and may provide direct care or have direct

access to a child in the facility or family home before the

person's criminal history check under Subsection (b-1) is

completed if:

(1) the facility or family home is experiencing

a staff shortage;

(2) the state criminal history check and the

background check using the department's records of reported

abuse and neglect have been completed under Subsection (b),

and the resulting information does not preclude the person

from being present at the facility or family home; and

(3) the person's fingerprints are submitted as

soon as possible, but not later than the 30th day after the

earliest of the date on which the person first:

(A) provides direct care to a child;

115

(B) has direct access to a child; or

(C) is hired.

(h) If the results of a criminal history check under

Subsection (b-1) for a person employed by a facility or

family home during a staffing shortage as authorized by

Subsection (g) preclude the person from being present at

the facility or family home, the director, owner, or

operator of the facility or family home shall immediately

terminate the person's employment.

(i) A director, owner, or operator of a facility or

family home commits an offense if the director, owner, or

operator knowingly:

(1) fails to submit to the department

information about a person as required by this section and

department rules for use in conducting background and

criminal history checks with respect to the person; and

(2) employs the person at the facility or family

home or otherwise allows the person to regularly or

frequently stay or work at the facility or family home

while children are being provided care.

(j) A director, owner, or operator of a facility or

family home commits an offense if, after the date the

director, owner, or operator receives notice from the

department that, based on the results of a person's

background or criminal history check, the person is

precluded from being present at the facility or family

home, the director, owner, or operator knowingly:

(1) employs the person at the facility or family

home; or

(2) otherwise allows the person to regularly or

frequently stay or work at the facility or family home

while children are being provided care.

(k) An offense under Subsection (i) or (j) is a Class

B misdemeanor.

(l) In accordance with rules adopted by the executive

commissioner, a person that contracts to provide one or

116

more substitute employees to a facility or family home must

submit to the department for use in conducting background

and criminal history checks the name of each substitute

employee. Before a substitute employee may be present at a

facility or family home, the employee must meet the same

requirements under this section as an employee present at

the facility or family home who performs similar

duties. The director, owner, or operator of a facility or

family home must verify with the department that a

substitute employee is eligible to be present at the

facility or family home before allowing the employee to

begin work.


Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2007.


September 1, 2007.


September 1, 2009.


September 1, 2009.


September 1, 2011.

Sec. 42.0561. INFORMATION RELATING TO FAMILY VIOLENCE

REPORTS. Before the department may issue a license or

registration for a foster home or a child-placing agency

may issue a verification certificate for an agency foster

home, the department or child-placing agency must obtain

information relating to each family violence report at the

applicant's residence to which a law enforcement agency

117

responded during the 12 months preceding the date of the

application. The applicant shall provide the information

on a form prescribed by the department.


June 16, 2007.

Sec. 42.057. DRUG TESTING. (a) Each residential

child-care facility shall establish a drug testing policy

for employees. A residential child-care facility may adopt

the model employee drug testing policy adopted by the

executive commissioner under Subsection (b) or may use

another employee drug testing policy approved by the

executive commissioner.

(b) The executive commissioner by rule shall adopt a

model employee drug testing policy for use by a residential

child-care facility. The policy must be designed to ensure

the safety of resident children through appropriate drug

testing of employees while protecting the rights of

employees. The model policy must require:

(1) preemployment drug testing;

(2) random, unannounced drug testing of each

employee who has direct contact with a child in the care of

the facility;

(3) drug testing of an employee against whom

there is an allegation of drug abuse; and

(4) drug testing of an employee whom the

department is investigating for the abuse or neglect of a

child in the care of the facility, if the allegation of

abuse or neglect includes information that provides good

cause to suspect drug abuse.

(c) The department shall require a drug test of a

person who directly cares for or has access to a child in a

residential child-care facility within 24 hours after the

department receives notice of an allegation that the person

has abused drugs.

118

(d) An employee may not provide direct care or have

direct access to a child in a residential child-care

facility before completion of the employee's initial drug

test.

(e) A residential child-care facility shall pay any

fee or cost associated with performing the drug test for an

employee.

Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.104(a), eff.

September 1, 2005.

Sec. 42.058. COMPETITIVE BIDDING OR ADVERTISING

RULES. (a) The board may not adopt rules restricting

competitive bidding or advertising by a license holder or

registration holder except to prohibit false, misleading,

or deceptive practices or to prevent a violation of this

chapter.

(b) In its rules to prohibit false, misleading, or

deceptive practices, the board may not include a rule that:

(1) restricts the use of any medium for

advertising;

(2) restricts the use of a license holder's or

registration holder's personal appearance or voice in an

advertisement;

(3) relates to the size or duration of an

advertisement by the license holder or registration holder;

or

(4) restricts the license holder's or

registration holder's advertisement under a trade name.


Sept. 1, 1997.

Sec. 42.059. REQUIRED AFFIDAVIT FOR APPLICANTS FOR

EMPLOYMENT WITH FACILITY OR REGISTERED FAMILY HOME. (a)

An applicant for temporary or permanent employment with a

119

licensed facility or registered family home whose

employment or potential employment with the facility or

home involves direct interactions with or the opportunity

to interact and associate with children must execute and

submit the following affidavit with the application for

employment:

STATE OF _____________

COUNTY OF ____________

I swear or affirm under penalty of perjury that I do

not now and I have not at any time, either as an adult or

as a juvenile:

1. Been convicted of;

2. Pleaded guilty to (whether or not resulting in a

conviction);

3. Pleaded nolo contendere or no contest to;

4. Admitted;

5. Had any judgment or order rendered against me

(whether by default or otherwise);

6. Entered into any settlement of an action or claim

of;

7. Had any license, certification, employment, or

volunteer position suspended, revoked, terminated, or

adversely affected because of;

8. Resigned under threat of termination of employment

or volunteerism for;

9. Had a report of child abuse or neglect made and

substantiated against me for; or

10. Have any pending criminal charges against me in

this or any other jurisdiction for;

Any conduct, matter, or thing (irrespective of formal

name thereof) constituting or involving (whether under

criminal or civil law of any jurisdiction):

1. Any felony;

2. Rape or other sexual assault;

3. Physical, sexual, emotional abuse and/or neglect of

a minor;

120

4. Incest;

5. Exploitation, including sexual, of a minor;

6. Sexual misconduct with a minor;

7. Molestation of a child;

8. Lewdness or indecent exposure;

9. Lewd and lascivious behavior;

10. Obscene or pornographic literature, photographs,

or videos;

11. Assault, battery, or any violent offense involving

a minor;

12. Endangerment of a child;

13. Any misdemeanor or other offense classification

involving a minor or to which a minor was a witness;

14. Unfitness as a parent or custodian;

15. Removing children from a state or concealing

children in violation of a court order;

16. Restrictions or limitations on contact or

visitation with children or minors resulting from a court

order protecting a child or minor from abuse, neglect, or

exploitation; or

17. Any type of child abduction.

Except the following (list all incidents, location,

description, and date) (if none, write NONE)

Signed ________________________

Date _______________.

Subscribed and sworn to (or affirmed) before me this

________ day of ________________,____________.

Signature of notarial officer

____________________________________.

(seal, if any, of notarial officer)

My commission expires: ____________

(b) The failure or refusal of the applicant to sign

or provide the affidavit constitutes good cause for refusal

to hire the applicant.

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Sec. 3, eff. Sept. 1, 1999.

Sec. 42.060. CARBON MONOXIDE DETECTORS. (a) In this

section, "carbon monoxide detector" means a device that

detects and sounds an alarm to indicate the presence of a

harmful level of carbon monoxide gas.

(b) Except as provided by Subsection (d), each day-

care center, group day-care home, and family home must be

equipped with carbon monoxide detectors in accordance with

department rules.

(c) The department by rule shall prescribe

requirements regarding the placement, installation, and

number of carbon monoxide detectors and maintenance

procedures for those detectors.

(d) A day-care center is exempt from the carbon

monoxide detector requirements prescribed by this section

if the day-care center is located in a school facility that

is subject to the school facility standards adopted by the

commissioner of education under Section 46.008, Education

Code, or similar safety standards adopted by the board of a

local school district.


1, 2003.

Sec. 42.062. CERTAIN EMPLOYMENT AND SERVICE

PROHIBITED. A person may not be employed as a controlling

person or serve in that capacity in a facility or family

home if the person is not eligible to receive a license or

certification for the operation of a facility or family

home under Section 42.072(g) or has been denied a license

under Section 42.046 for a substantive reason.

122


September 1, 2005.

Amended by:


September 1, 2011.

Sec. 42.063. REPORTING OF INCIDENTS AND VIOLATIONS.

(a) In this section, "serious incident" means a suspected

or actual incident that threatens or impairs the basic

health, safety, or well-being of a child. The term

includes:

(1) the arrest, abuse, neglect, exploitation,

running away, attempted suicide, or death of a child;

(2) a critical injury of a child; and

(3) an illness of a child that requires

hospitalization.

(b) A person licensed under this chapter shall report

to the department each serious incident involving a child

who receives services from the person, regardless of

whether the department is the managing conservator of the

child.

(c) An employee of a person described by Subsection

(b) shall report suspected abuse or neglect directly to the

statewide intake system.

(d) An employee or volunteer of a general residential

operation, child-placing agency, foster home, or foster

group home shall report any serious incident directly to

the department if the incident involves a child under the

care of the operation, agency, or home.

(e) A foster parent shall report any serious incident

directly to the department if the incident involves a child

under the care of the parent.

(f) The executive commissioner by rule shall

prescribe:

123

(1) procedures governing reporting required

under this section; and

(2) the manner in which a report under this

section must be provided.

(g) The department shall implement this section using

existing appropriations.


September 1, 2005.

Amended by:


September 1, 2009.

Sec. 42.064. INFORMATION REGARDING GANG-FREE ZONES.

Each day-care center shall, in accordance with rules

adopted by the executive commissioner, distribute to

parents and guardians of children who attend the center

information on gang-free zones and the consequences of

engaging in organized criminal activity within those zones.


June 19, 2009.

Sec. 42.065. ADMINISTERING MEDICATION. (a) In this

section, "medication" means a drug that may be obtained

with or without a prescription, excluding a topical

ointment obtained without a prescription.

(b) This section applies only to a day-care center,

group day-care home, before-school or after-school program,

school-age program, or family home regardless of whether

the facility or program is licensed, registered, or listed.

(c) A director, owner, operator, caretaker, employee,

or volunteer of a child-care facility subject to this

section may not administer a medication to a child unless:

(1) the child's parent or guardian has submitted

to the child-care facility a signed and dated document that

124

authorizes the facility to administer the medication for

not longer than one year; and

(2) the authorized medication:

(A) is administered as stated on the label

directions or as amended in writing by a practitioner, as

defined by Section 551.003, Occupations Code; and

(B) is not expired.

(d) Notwithstanding Subsection (c)(1), a director,

owner, operator, caretaker, employee, or volunteer of a

child-care facility subject to this section may administer

medication to a child under this section without a signed

authorization if the child's parent or guardian:

(1) submits to the child-care facility an

authorization in an electronic format that is capable of

being viewed and saved; or

(2) authorizes the child-care facility by

telephone to administer a single dose of a medication.

(e) An authorization under Subsection (d)(1) expires

on the first anniversary of the date the authorization is

provided to the child-care facility.

(f) This section does not apply to a person that

administers a medication to a child in a medical emergency

to prevent the death or serious bodily injury of the child

if the medication is administered as prescribed, directed,

or intended.

(g) A person commits an offense if the person

administers a medication to a child in violation of this

section. If conduct constituting an offense under this

section also constitutes an offense under a section of the

Penal Code, the actor may be prosecuted under either

section or both sections.

(h) An offense under this section is a Class A

misdemeanor.


September 1, 2011.

125

SUBCHAPTER D. REMEDIES

Sec. 42.0705. RANGE OF PENALTIES. The department

shall revoke or suspend a license or registration, place on

probation a person whose license or registration has been

suspended, or reprimand a license holder or registration

holder for a violation of this chapter or a rule of the

board. If a license or registration suspension is

probated, the department may require the license holder or

registration holder to:

(1) report regularly to the department on

matters that are the basis of the probation;

(2) limit services to the areas prescribed by

the department;

(3) continue or review professional education

until the license holder or registration holder attains a

degree of skill satisfactory to the department in those

areas that are the basis of the probation; or

(4) take corrective action relating to the

violation on which the probation is based.


Sept. 1, 1997.

Amended by:


September 1, 2007.

Sec. 42.071. SUSPENSION, EVALUATION, OR PROBATION OF

LICENSE OR REGISTRATION. (a) The department may suspend

the license of a facility or the registration of a family

home that has temporarily ceased operation but has definite

plans for starting operations again within the time limits

of the issued license or registration.

(b) The department may suspend a facility's license

or a family home's registration for a definite period

126

rather than deny or revoke the license or registration if

the department finds repeated noncompliance with standards

that do not endanger the health and safety of children. To

qualify for license or registration suspension under this

subsection, a facility or family home must suspend its

operations and show that standards can be met within the

suspension period.

(c) If the department finds a facility or family home

is in repeated noncompliance with standards that do not

endanger the health and safety of children, the department

may schedule the facility or family home for evaluation or

probation rather than suspend or revoke the facility's

license or the family home's registration. The department

shall provide notice to the facility or family home of the

evaluation or probation and of the items of noncompliance

not later than the 10th day before the evaluation or

probation period begins. The department shall designate a

period of not less than 30 days during which the facility

or family home will remain under evaluation. During the

evaluation or probation period, the facility or family home

must correct the items that were in noncompliance and

report the corrections to the department for approval.

(d) The department shall revoke the license of a

facility or the registration of a family home that does not

comply with standards at the end of a license or

registration suspension.

(e) The department may suspend or revoke the license

of a facility or the registration of a family home that

does not correct items that were in noncompliance or that

does not comply with required standards within the

applicable evaluation or probation period.





127


1997, 75th Leg., ch. 1063, Sec. 7, eff. Sept. 1, 1997.

Sec. 42.0715. COSTS CHARGED TO FACILITY OR FAMILY

HOME. The department may charge a facility or family home

for reimbursement of the reasonable cost of services

provided by the department in formulating, monitoring, and

implementing a corrective action plan for the facility or

family home.


Sept. 1, 1997.

Sec. 42.072. LICENSE, LISTING, OR REGISTRATION

DENIAL, SUSPENSION, OR REVOCATION. (a) The department may

suspend, deny, revoke, or refuse to renew the license,

listing, registration, or certification of approval of a

facility or family home that does not comply with the

requirements of this chapter, the standards and rules of

the department, or the specific terms of the license,

listing, registration, or certification. The department

may revoke the probation of a person whose license,

listing, or registration is suspended if the person

violates a term of the conditions of probation.

(b) If the department proposes to take an action

under Subsection (a), the person is entitled to a hearing

conducted by the State Office of Administrative

Hearings. Proceedings for a disciplinary action are

governed by the administrative procedure law, Chapter 2001,

Government Code. An action under this section, including a

revocation of a person's license, is a contested case as

defined by Chapter 2001, Government Code, and is subject to

judicial review under the substantial evidence rule in

accordance with that chapter. Rules of practice adopted by

the board under Section 2001.004, Government Code,

128

applicable to the proceedings for a disciplinary action may

not conflict with rules adopted by the State Office of

Administrative Hearings.

(c) The department may not issue a license, listing,

registration, or certification to a person whose license,

listing, registration, or certification is revoked or whose

application for a license, listing, registration, or

certification is denied for a substantive reason under this

chapter before the fifth anniversary of the date on which

the revocation takes effect by department or court order or

the decision to deny the application is final.

(c-1) A person described by Subsection (c) may not be

a controlling person in any facility or family home during

the five-year period in which the person is ineligible to

receive a license, listing, registration, or certification.

(d) The department by rule may provide for denial of

an application or renewal for a licensed facility or for

listing or registering a family home or may revoke a

facility's license or a family home's listing or

registration based on findings of background or criminal

history as a result of a background or criminal history

check.

(e) A person may continue to operate a facility or

family home during an appeal of a license, listing, or

registration revocation unless the operation of the

facility or family home poses a risk to the health or

safety of children. The executive commissioner shall by

rule establish the criteria for determining whether the

operation of a facility or family home poses a risk to the

health or safety of children. The department shall notify

the facility or family home of the criteria the department

used to determine that the operation of the facility or

family home poses a risk to health or safety and that the

facility or family home may not operate. A person who has

been notified by the department that the facility or home

may not operate under this section may seek injunctive

129

relief from a district court in Travis County or in the

county in which the facility or home is located to allow

operation during the pendency of an appeal. The court may

grant injunctive relief against the agency's action only if

the court finds that the child-care operation does not pose

a health or safety risk to children. A court granting

injunctive relief under this subsection shall have no other

jurisdiction over an appeal of final agency action unless

conferred by Chapter 2001, Government Code.

(f) The department shall deny an application or

renewal for listing or registering a family home or shall

revoke a family home's listing or registration if the

results of a background or criminal history check conducted

by the department under Section 42.056 show that a person

has been convicted of an offense under Title 5, or 6,

Penal Code, or Chapter 43, Penal Code.

(g) Notwithstanding Subsection (c), the department

may refuse to issue a license, listing, registration, or

certification to:

(1) a person whose license, listing,

registration, or certification for a facility or family

home was revoked by the department or by court order;

(2) a person who was a controlling person of a

facility or family home at the time conduct occurred that

resulted in the revocation of the license, listing,

registration, or certification of the facility or family

home;

(3) a person who voluntarily closed a facility

or family home or relinquished the person's license,

listing, registration, or certification after:

(A) the department took an action under

Subsection (a) in relation to the facility, family home, or

person; or

(B) the person received notice that the

department intended to take an action under Subsection (a)

in relation to the facility, family home, or person; or

130

(4) a person who was a controlling person of a

facility or family home at the time conduct occurred that

resulted in the closure of the facility or family home or

relinquishment of the license, listing, registration, or

certification in the manner described by Subdivision (3).



111, ch. 23, Sec. 2, eff. Aug. 29, 1983; Acts 1993, 73rd


Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts



Acts 1997, 75th Leg., ch. 1217, Sec. 13, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 218, Sec. 11, eff. Sept.

1, 2001.

Amended by:


September 1, 2005.


1, 2005.


September 1, 2009.


September 1, 2011.

Sec. 42.073. EMERGENCY SUSPENSION AND CLOSURE OF A

FACILITY OR FAMILY HOME. (a) The department shall suspend

a facility's license or a family home's listing or

registration and order the immediate closing of the

facility or family home if:

(1) the department finds the facility or family

home is operating in violation of the applicable standards

prescribed by this chapter; and

131

(2) the violation creates an immediate threat to

the health and safety of the children attending or residing

in the facility or family home.

(b) An order suspending a license, listing, or

registration and an order closing a facility or family home

under this section is immediately effective on the date on

which the holder of the license, listing, or registration

receives written notice or on a later date specified in the

order.

(c) An order is valid for 30 days after the effective

date of the order.


eff. Sept. 1, 1979. Amended by Acts 1993, 73rd Leg., ch.


76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1997, 75th



1997, 75th Leg., ch. 1217, Sec. 14, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2009.

Sec. 42.074. INJUNCTIVE RELIEF. (a) The department

may file suit in a district court in Travis County or in

the county in which a facility or family home is located

for assessment and recovery of a civil penalty under

Section 42.075, for injunctive relief, including a

temporary restraining order, or for both a civil penalty

and injunctive relief when it appears that a person:

(1) has violated, is violating, or is

threatening to violate the licensing, certification,

listing, or registration requirements of this chapter or

132

the department's licensing, certification, listing, or

registration rules and standards; or

(2) knowingly fails to meet or maintain an

exemption authorized under Section 42.041 and engages in

activities that require a license or registration.

(b) The district court shall grant the injunctive

relief the facts may warrant.

(c) At the department's request, the attorney general

or the county or district attorney of the county in which

the facility or family home is located shall conduct a suit

in the name of the State of Texas for injunctive relief, to

recover the civil penalty, or for both injunctive relief

and civil penalties as authorized by Subsection (a).

(d) Injunctive relief provided by this section is in

addition to any other action, proceeding, or remedy

authorized by law. It is not necessary to allege or prove

in an action filed under this section that an adequate

remedy at law does not exist or that substantial or

irreparable harm would result from the continued violation.

(e) The department is not required to give an appeal

bond in an action arising under this section.







Amended by:


September 1, 2009.

Sec. 42.075. CIVIL PENALTY. (a) A person is subject

to a civil penalty of not less than $50 nor more than $100

for each day of violation and for each act of violation if

the person:

133

(1) threatens serious harm to a child in a

facility or family home by violating a provision of this

chapter or a department rule or standard;

(2) violates a provision of this chapter or a

department rule or standard three or more times within a

12-month period;

(3) places a public advertisement for an

unlicensed facility or an unlisted or unregistered family

home;

(4) knowingly fails to meet or maintain any

criterion of an exemption authorized under Section 42.041

and engages in activities that require a license or

registration; or

(5) fails to inform the department of a change

in status and the person knows the change in status

requires the person to be licensed or registered under this

chapter.

(b) The civil penalty authorized by this section is

cumulative and in addition to the criminal penalties and

injunctive relief provided by this chapter.






Amended by:


September 1, 2009.

Sec. 42.076. CRIMINAL PENALTIES. (a) A person who

operates a child-care facility or child-placing agency

without a license commits a Class B misdemeanor.

(b) A person who operates a family home without a

required listing or registration commits a Class B

misdemeanor.

134

(c) A person who places a public advertisement for an

unlicensed facility or an unlisted or unregistered family

home commits a Class C misdemeanor.

(d) It is not an offense under this section if a

professional provides legal or medical services to:

(1) a parent who identifies the prospective

adoptive parent and places the child for adoption without

the assistance of the professional; or

(2) a prospective adoptive parent who identifies

a parent and receives placement of a child for adoption

without assistance of the professional.









Sec. 42.0761. CRIMINAL PENALTY FOR OPERATING DAY-CARE

CENTER WITHOUT QUALIFIED DIRECTOR. (a) An owner or

operator of a day-care center commits an offense if the

owner or operator knowingly operates the day-care center:

(1) without a director who meets the

qualifications of a director prescribed by department

rules; or

(2) without the routine presence during the day-

care center's hours of operation of a director described by

Subdivision (1).

(b) An offense under this section is a Class B

misdemeanor.



135

Sec. 42.077. NOTICE OF ACTION AGAINST FACILITY OR

FAMILY HOME. (a) If the department revokes or suspends a

facility's license or a family home's listing or

registration, the department shall publish notice of this

action:

(1) in a newspaper of general circulation in the

county in which the facility or family home is located; or

(2) on the department's Internet website along

with other information regarding child-care services.

(a-1) If notice is published in a newspaper under

Subsection (a), the newspaper shall place the notice in the

section in which advertisements for day-care services are

normally published.

(b) If a person who operates a facility or family

home that has had its license, listing, or registration

revoked or suspended later applies for a new license,

listing, or registration to operate the same facility or

family home, the department shall charge the person an

application fee in an amount necessary to reimburse the

department for the cost of the notice relating to that

facility or family home.

(c) The department shall pay for publication of the

notice from funds appropriated to the department for

licensing and regulating child-care facilities and for

listing, registering, and regulating family homes and from

appeal and application fees collected under Subsection (b)

and appropriated to the department.

(d) A facility or family home that has its license,

listing, or registration revoked or suspended shall mail

notification of this action by certified mail to the

parents or guardian of the child served by the facility or

family home. The facility or family home shall mail the

notification within five days of the effective date of the

136

revocation or suspension of the license, listing, or

registration.

(d-1) If the department determines that the license

of a residential child-care facility should be revoked or

suspended, the facility shall mail notification of the

action or proposed action by certified mail to a parent of

each child served by the facility, if the person's parental

rights have not been terminated, and to the child's

managing conservator, as appropriate. The residential

child-care facility shall mail the notification not later

than the fifth day after the date the facility is notified

of the department's determination that revocation or

suspension of the license is appropriate.

(e) When the most recent federal census shows that

more than one-half of the population in a municipality or

in a commissioners precinct in a county in which a family

home whose listing or registration has been revoked or

suspended is located is of Hispanic origin or Spanish-

speaking, the department shall publish the notice under

Subsection (a) in both English and Spanish.



eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec.

18, eff. Sept. 1, 1997.

Amended by:


September 1, 2005.


September 1, 2009.

Sec. 42.078. ADMINISTRATIVE PENALTY. (a) The

department may impose an administrative penalty against a

facility or family home licensed, registered, or listed

under this chapter that violates this chapter or a rule or

order adopted under this chapter. In addition, the

137

department may impose an administrative penalty against a

residential child-care facility or a controlling person of

a residential child-care facility if the facility or

controlling person:

(1) violates a term of a license or registration

issued under this chapter;

(2) makes a statement about a material fact that

the facility or person knows or should know is false:

(A) on an application for the issuance of a

license or registration or an attachment to the

application; or

(B) in response to a matter under

investigation;

(3) refuses to allow a representative of the

department to inspect:

(A) a book, record, or file required to be

maintained by the facility; or

(B) any part of the premises of the

facility;

(4) purposefully interferes with the work of a

representative of the department or the enforcement of this

chapter; or

(5) fails to pay a penalty assessed under this

chapter on or before the date the penalty is due, as

determined under this section.

(a-1) Nonmonetary, administrative penalties or

remedies, including but not limited to corrective action

plans, probation, and evaluation periods, shall be imposed

when appropriate before monetary penalties.

(b) Each day a violation continues or occurs is a

separate violation for purposes of imposing a penalty. The

penalty for a violation may be in an amount not to exceed

the following limits, based on the maximum number of

children for whom the facility or family home was

authorized to provide care or the number of children under

138

the care of the child-placing agency when the violation

occurred:

(1) for violations that occur in a facility

other than a residential child-care facility:

Number of children Maximum amount of penalty 20 or less $50 21-40 $60 41-60 $70 61-80 $80 81-100 $100 More than 100 $150

(2) for violations that occur in a residential

child-care facility:

Number of children Maximum amount of penalty 20 or less $100 21-40 $150 41-60 $200 61-80 $250 81-100 $375 More than 100 $500

(c) In addition to the number of children, the amount

of the penalty shall be based on:

(1) the seriousness of the violation, including

the nature, circumstances, extent, and gravity of any

prohibited acts, and the hazard or potential hazard created

to the health, safety, or economic welfare of the public;

(2) the economic harm to property or the

environment caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future

violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(d) Monetary penalties shall not be assessed for

violations that are the result of clerical errors.

(e) If the department determines that a violation has

occurred, the department may issue a recommendation on the

139

imposition of a penalty, including a recommendation on the

amount of the penalty.

(f) Within 14 days after the date the recommendation

is issued, the department shall give written notice of the

recommendation to the person owning or operating the

facility or family home or to the controlling person, if

applicable. The notice may be given by certified

mail. The notice must include a brief summary of the

alleged violation and a statement of the amount of the

recommended penalty and must inform the person that the

person has a right to a hearing on the occurrence of the

violation, the amount of the penalty, or both the

occurrence of the violation and the amount of the penalty.

(g) Within 20 days after the date the person receives

the notice, the person in writing may accept the

determination and recommended penalty of the department or

may make a written request for a hearing on the occurrence

of the violation, the amount of the penalty, or both the

occurrence of the violation and the amount of the penalty.

(h) If the person accepts the determination and

recommended penalty of the department or fails to respond

to the notice in a timely manner, the department shall

issue an order and impose the recommended penalty.

(i) If the person requests a hearing, the department

shall set a hearing and give notice of the hearing to the

person. The hearing shall be held by an administrative law

judge of the State Office of Administrative Hearings. The

administrative law judge shall make findings of fact and

conclusions of law and issue a final decision finding that

a violation has occurred and imposing a penalty or finding

that no violation occurred.

(j) The notice of the administrative law judge's

order given to the person under Chapter 2001, Government

Code, must include a statement of the right of the person

to judicial review of the order.

140

(k) Within 30 days after the date the administrative

law judge's order becomes final as provided by Section

2001.144, Government Code, the person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a

petition for judicial review contesting the occurrence of

the violation, the amount of the penalty, or both the

occurrence of the violation and the amount of the penalty;

or

(3) without paying the amount of the penalty,

file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or

both the occurrence of the violation and the amount of the

penalty.

(l) Within the 30-day period, a person who acts under

Subsection (k)(3) may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the

court for placement in an escrow account; or

(B) giving to the court a supersedeas bond

that is approved by the court for the amount of the penalty

and that is effective until all judicial review of the

order is final; or

(2) request the court to stay enforcement of the

penalty by:

(A) filing with the court a sworn affidavit

of the person stating that the person is financially unable

to pay the amount of the penalty and is financially unable

to give the supersedeas bond; and

(B) giving a copy of the affidavit to the

department by certified mail.

(m) On receipt of a copy of an affidavit under

Subsection (l)(2), the department may file with the court,

within five days after the date the copy is received, a

contest to the affidavit. The court shall hold a hearing

on the facts alleged in the affidavit as soon as

141

practicable and shall stay the enforcement of the penalty

on finding that the alleged facts are true. The person who

files an affidavit has the burden of proving that the

person is financially unable to pay the amount of the

penalty and to give a supersedeas bond.

(n) If the person does not pay the amount of the

penalty and the enforcement of the penalty is not stayed,

the department may refer the matter to the attorney general

for collection of the amount of the penalty.

(o) Judicial review of the order:

(1) is instituted by filing a petition as

provided by Subchapter G, Chapter 2001, Government Code;

and

(2) is under the substantial evidence rule.

(p) If the court sustains the occurrence of the

violation, the court may uphold or reduce the amount of the

penalty and order the person to pay the full or reduced

amount of the penalty. If the court does not sustain the

occurrence of the violation, the court shall order that no

penalty is owed.

(q) When the judgment of the court becomes final, the

court shall proceed under this subsection. If the person

paid the amount of the penalty and if that amount is

reduced or is not upheld by the court, the court shall

order that the appropriate amount plus accrued interest be

remitted to the person. The rate of the interest is the

rate charged on loans to depository institutions by the New

York Federal Reserve Bank, and the interest shall be paid

for the period beginning on the date the penalty was paid

and ending on the date the penalty is remitted. If the

person gave a supersedeas bond and if the amount of the

penalty is not upheld by the court, the court shall order

the release of the bond. If the person gave a supersedeas

bond and if the amount of the penalty is reduced, the court

shall order the release of the bond after the person pays

the amount.

142

(r) A penalty collected under this section shall be

sent to the comptroller for deposit in the general revenue

fund.

(s) All proceedings under this section are subject to

Chapter 2001, Government Code.



Sec. 4, eff. Sept. 1, 1999.

Amended by:


September 1, 2005.


September 1, 2007.


September 1, 2011.

SUBCHAPTER F. REGULATION OF EMPLOYER-BASED DAY-CARE

FACILITIES

Sec. 42.151. DEFINITIONS. In this subchapter:

(1) "Employer-based day-care facility" means a

day-care facility that is:

(A) operated by a small employer to provide

care to not more than 12 children of the employer's

employees; and

(B) located on the employer's premises.

(2) "Small employer" means a corporation,

partnership, sole proprietorship, or other legal entity

that employs fewer than 100 full-time employees.


September 1, 2007.

Amended by:


September 1, 2009.

143

Sec. 42.152. PERMIT REQUIRED. (a) Except as

provided by Subsection (b), a small employer may not

operate an employer-based day-care facility unless the

employer holds a permit issued by the department under this

subchapter.

(b) A small employer is not required to obtain a

permit to operate an employer-based day-care facility under

this subchapter if the employer holds a license to operate

a child-care facility that is issued by the department

under Subchapter C. An employer that holds that license

must comply with the applicable provisions of Subchapter C,

the applicable rules of the department, and any specific

terms of the license.

(c) Notwithstanding any other law, including Section

42.041, a small employer that holds a permit issued under

this subchapter is not required to hold a license under

Subchapter C to operate an employer-based day-care

facility.


September 1, 2007.

Sec. 42.153. APPLICATION; INITIAL INSPECTION AND

BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) The

department shall develop and implement a streamlined

procedure by which a small employer may apply for and be

issued a permit to operate an employer-based day-care

facility. The employer must submit an application for the

permit to the department on a form prescribed by the

department.

(b) Except as provided by Section 42.154, on receipt

of a small employer's application for a permit, the

department shall:

(1) conduct an initial inspection of the

employer-based day-care facility to ensure that the

144

employer is able to comply with the provisions of this

subchapter and that the facility complies with the fire

safety and sanitation standards of the political

subdivision in which the facility is located; and

(2) conduct a background and criminal history

check on each prospective caregiver whose name is submitted

as required by Section 42.159(a).

(c) The department may charge an applicant an

administrative fee in a reasonable amount that is

sufficient to cover the costs of the department in

processing the application.

(d) The department shall process an application not

later than the 30th day after the date the department

receives all of the required information.


September 1, 2007.

Sec. 42.154. CONVERSION OF LICENSE. (a) The

department shall develop and implement a procedure by which

a small employer that holds a license to operate a child-

care facility that is issued under Subchapter C before

September 1, 2007, may convert the license to a permit

under this subchapter. The procedure must include an

abbreviated application form for use by the employer in

applying for the permit.

(b) The department may waive the requirements under

Section 42.153(b) for an initial inspection or background

and criminal history checks with respect to a facility

operated by a small employer seeking to convert a license

to a permit under this section if the department determines

that previously conducted inspections or background and

criminal history checks, as applicable, are sufficient to

ensure the safety of children receiving care at the

facility.

145


September 1, 2007.

Sec. 42.155. PARENT OR GUARDIAN WITHIN IMMEDIATE

VICINITY. An employer-based day-care facility operating

under this subchapter may provide care only for a child

whose parent or guardian:

(1) is an employee of the small employer to

which the permit to operate the facility was issued;

(2) works within the same building in which the

facility is located; and

(3) is away from that building only for limited

periods, as defined by department rules, during the hours

the child is receiving care.


September 1, 2007.

Sec. 42.156. CAREGIVER-TO-CHILD RATIO. An employer-

based day-care facility operating under this subchapter

shall maintain a caregiver-to-child ratio of at least one

caregiver to every four children receiving care.


September 1, 2007.

Sec. 42.157. MINIMUM STANDARDS. The department shall

encourage an employer-based day-care facility operating

under this subchapter to comply with the minimum standards

applicable to a child-care facility licensed under

Subchapter C.


September 1, 2007.

146

Sec. 42.158. CAREGIVER QUALIFICATIONS. A caregiver

employed by an employer-based day-care facility operating

under this subchapter must:

(1) be at least 18 years of age;

(2) have received a high school diploma or its

equivalent, as determined by the department;

(3) receive at least the minimum training

required for an employee of a licensed day-care center as

prescribed by department rules in accordance with Sections

42.042(p) and 42.0421;

(4) have a Child Development Associate or

Certified Child-Care Professional credential or an

equivalent credential, as determined by the department; and

(5) not have been precluded from providing

direct care or having direct access to a child by the

department based on the results of a background and

criminal history check conducted under Section 42.159.


September 1, 2007.

Sec. 42.159. BACKGROUND AND CRIMINAL HISTORY CHECKS

REQUIRED. (a) In accordance with rules adopted by the

executive commissioner, a small employer shall, when

applying for a permit under this subchapter and at least

once during each 24 months after receiving that permit,

submit to the department for use in conducting background

and criminal history checks:

(1) the name of any director of the employer-

based day-care facility and the name of each caregiver

employed at the facility to provide care to children; and

(2) the name of each person 14 years of age or

older who will regularly or frequently be staying or

working at the facility while children are being provided

care.

147

(b) The small employer shall also submit to the

department for use in conducting background and criminal

history checks the name of each prospective caregiver who

will provide care to children at the facility or other

prospective employee who will have direct access to those

children.

(c) The department shall conduct background and



(a) or (b), as applicable;




or other criminal justice agency under Section 411.087,



and neglect.

(d) For purposes of Sections 411.114 and 411.087,

Government Code:

(1) a small employer that applies for a permit

is considered an applicant for a license under this

chapter; and

(2) an employer-based day-care facility

operating under a permit issued under this subchapter is

considered a child-care facility licensed under this

chapter.

(e) The department shall require the small employer

to pay to the department a fee in an amount not to exceed

the administrative costs the department incurs in

conducting a background and criminal history check under

this section.


September 1, 2007.

148

Sec. 42.160. APPLICABILITY OF OTHER LAW. Except as

otherwise provided by this subchapter, an employer-based

day-care facility operating under this subchapter is not a

child-care facility, as defined by Section 42.002, and the

provisions of this chapter and the department's rules that

apply to a child-care facility licensed under Subchapter C

do not apply to an employer-based day-care facility.


September 1, 2007.

Sec. 42.161. REPORTING OF INCIDENTS AND VIOLATIONS.

An employer-based day-care facility operating under this

subchapter and each employee of that facility are subject

to the reporting requirements of Section 42.063 to the same

extent a licensed child-care facility and employees of

licensed child-care facilities are subject to that section.


September 1, 2007.

Sec. 42.162. AUTHORITY TO CONDUCT LIMITED

INSPECTIONS. (a) The department may inspect an employer-

based day-care facility operating under this subchapter if

the department receives a complaint or report of child

abuse or neglect alleged to have occurred at the facility.

(b) If the department inspects an employer-based day-

care facility as authorized by this section, the department

may require the small employer operating the facility to

take appropriate corrective action the department

determines necessary to comply with the requirements of

this subchapter and to ensure the health and safety of

children receiving care at the facility. The department

may continue to inspect the facility until corrective

action is taken and for a reasonable time after that action

is taken to ensure continued compliance.

149

(c) The department may charge a small employer issued

a permit under this subchapter a reasonable fee for the

cost of services provided by the department in formulating,

monitoring, and implementing a corrective action plan under

this section.


September 1, 2007.

Sec. 42.163. SUSPENSION, DENIAL, OR REVOCATION. (a)

The department may suspend, deny, or revoke a permit issued

to a small employer under this subchapter if the employer

does not comply with the provisions of this subchapter or

any applicable department rules.

(b) The department may refuse to issue a permit under

this subchapter to a small employer that had its

authorization to operate a child-care facility issued under

another subchapter revoked, suspended, or not renewed for a

reason relating to child health or safety as determined by

the department.

(c) An employer-based day-care facility is subject to

the emergency suspension of its permit to operate and to

closure under Section 42.073 to the same extent and in the

same manner as a licensed child-care facility is subject to

that section.


September 1, 2007.

SUBCHAPTER G. REGULATION OF TEMPORARY SHELTER DAY-CARE

FACILITIES

Sec. 42.201. DEFINITIONS. In this subchapter:

(1) "Shelter" means a supervised publicly or

privately operated shelter or other facility that is

designed to provide temporary living accommodations to

150

individuals and families, including a family violence

shelter, a homeless shelter, and an emergency shelter. The

term does not include a temporary facility established in

response to a natural or other disaster.

(2) "Shelter care" means child care that is

provided:

(A) to seven or more children under 14

years of age who temporarily reside at a shelter each with

an adult who is related to the child by blood or who is the

child's managing conservator;

(B) by a person who is not a temporary

resident of a shelter; and

(C) while the adult described by Paragraph

(A) is away from the shelter.

(3) "Shelter day-care facility" means a shelter

that provides shelter care for not more than 24 hours a

day, but at least four hours a day, three or more days a

week.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1082, Sec. 10,


Sec. 42.202. PERMIT REQUIRED. (a) Except as

provided by Subsections (b) and (e), a shelter may not

provide shelter care unless the shelter holds a permit

issued by the department under this subchapter.

(b) A shelter is not required to obtain a permit to

provide shelter care under this subchapter if the shelter

holds a license to operate a child-care facility that is

issued by the department under Subchapter C. A shelter

that holds that license must comply with the applicable

provisions of Subchapter C, the applicable rules of the

department, and any specific terms of the license.

(c) Notwithstanding any other law, including Section

42.041, a shelter that holds a permit issued under this

151

subchapter is not required to hold a license under

Subchapter C to operate a shelter day-care facility.

(d) The department may not issue a permit under this

subchapter to a shelter that provides child care to a child

who is not a resident of the shelter. A shelter that

provides child care described by this subsection must hold

a license to operate a child-care facility issued under

Subchapter C.

(e) A shelter is not required to obtain a permit

under this subchapter or a license under Subchapter C if

the shelter provides shelter care for:

(1) less than four hours a day or for less than

three days a week; or

(2) six or fewer children.



Sec. 42.203. APPLICATION; INITIAL INSPECTION AND

BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) The

department shall develop and implement a streamlined

procedure by which a shelter may apply for and be issued a

permit to operate a shelter day-care facility. The shelter

must submit an application for the permit to the department

on a form prescribed by the department.

(b) Except as provided by Section 42.204, on receipt

of a shelter's application for a permit, the department

shall:

(1) conduct an initial inspection of the shelter

day-care facility to ensure that the shelter is able to

comply with the provisions of this subchapter and that the

facility complies with the fire safety and sanitation

standards of the political subdivision in which the

facility is located; and

152

(2) conduct a background and criminal history

check on each prospective caregiver whose name is submitted

as required by Section 42.206(a).

(c) The department may charge an applicant an

administrative fee in a reasonable amount that is

sufficient to cover the costs of the department in

processing the application.

(d) The department shall process an application not

later than the 30th day after the date the department

receives all of the required information.



Sec. 42.204. CONVERSION OF LICENSE. (a) The

department shall develop and implement a procedure by which

a shelter that holds a license to operate a child-care

facility that is issued under Subchapter C before September

1, 2012, may convert the license to a permit under this

subchapter. The procedure must include an abbreviated

application form for use by the shelter in applying for the

permit.

(b) The department may waive the requirements under

Section 42.203(b) for an initial inspection or background

and criminal history checks with respect to a licensed

child-care facility seeking to convert a license to a

permit under this section if the department determines that

previously conducted inspections or background and criminal

history checks, as applicable, are sufficient to ensure the

safety of children receiving care at the facility.



153

Sec. 42.205. CAREGIVER QUALIFICATIONS AND TRAINING;

CHILD-TO-CAREGIVER RATIOS. (a) The executive commissioner

shall adopt rules that specify the minimum:

(1) qualifications and training required for a

person providing child care in a shelter day-care facility;

and

(2) child-to-caregiver ratios in a shelter day-

care facility.

(b) In adopting rules under this section, the

executive commissioner shall consider:

(1) the special circumstances and needs of

families that seek temporary shelter; and

(2) the role of a shelter in assisting and

supporting families in crisis.



Sec. 42.206. BACKGROUND AND CRIMINAL HISTORY CHECKS

REQUIRED. (a) In accordance with rules adopted by the

executive commissioner, a shelter shall, when applying for

a permit under this subchapter and at least once during

each 24-month period after receiving that permit, submit to

the department for use in conducting background and

criminal history checks:

(1) the name of any director or prospective

director of the shelter day-care facility and the name of

each caregiver or prospective caregiver employed at the

facility to provide care to children;

(2) the name of each person counted in child-to-

caregiver ratios at the shelter day-care facility; and

(3) the name of each person 14 years of age or

older who will have unsupervised access to one or more

children while in the care of the shelter day-care

facility.

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(b) In addition to the requirements of Subsection

(a), a shelter shall submit a complete set of fingerprints

of each person required to undergo a criminal history check

under Subsection (a) if:

(1) the person has lived outside the state at

any time during the previous five years; or

(2) the shelter has reason to suspect that the

person has a criminal history in another state.

(c) The department shall conduct background and



(a) or (b), as applicable;




or another criminal justice agency under Section 411.087,



and neglect.

(d) For purposes of Sections 411.114 and 411.087,

Government Code:

(1) a shelter that applies for a permit is

considered to be an applicant for a license under this

chapter; and

(2) a shelter day-care facility operating under

a permit issued under this subchapter is considered to be a

child-care facility licensed under this chapter.

(e) The department shall require the shelter to pay

to the department a fee in an amount not to exceed the

administrative costs the department incurs in conducting a

background and criminal history check under this section.



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Sec. 42.207. APPLICABILITY OF OTHER LAW. Except as

otherwise provided by this subchapter, a shelter day-care

facility operating under this subchapter is not a child-

care facility, as defined by Section 42.002, and the

provisions of this chapter and the department's rules that

apply to a child-care facility licensed under Subchapter C

do not apply to a shelter day-care facility.



Sec. 42.208. REPORTING OF INCIDENTS AND

VIOLATIONS. A shelter day-care facility operating under

this subchapter and each employee of that facility are

subject to the reporting requirements of Section 42.063 to

the same extent a licensed child-care facility and

employees of licensed child-care facilities are subject to

that section.



Sec. 42.209. AUTHORITY TO CONDUCT LIMITED

INSPECTIONS. (a) The department may inspect a shelter

day-care facility operating under this subchapter if the

department receives a complaint or report of child abuse or

neglect alleged to have occurred at the shelter day-care

facility.

(b) If the department inspects a shelter day-care

facility as authorized by this section, the department may

require the facility to take appropriate corrective action

the department determines necessary to comply with the

requirements of this subchapter and to ensure the health

and safety of children receiving care at the facility. The

department may continue to inspect the facility until

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corrective action is taken and for a reasonable time after

that action is taken to ensure continued compliance.

(c) The department may charge a shelter issued a

permit under this subchapter a reasonable fee for the cost

of services provided by the department in formulating,

monitoring, and implementing a corrective action plan under

this section.



Sec. 42.210. SUSPENSION, DENIAL, OR REVOCATION.

(a) The department may suspend, deny, or revoke a permit

issued to a shelter under this subchapter if the shelter

does not comply with the provisions of this subchapter or

any applicable department rules.

(b) The department may refuse to issue a permit under

this subchapter to a shelter that had its authorization to

operate a child-care facility issued under another

subchapter revoked, suspended, or not renewed for a reason

relating to child health or safety as determined by the

department.

(c) A shelter day-care facility is subject to the

emergency suspension of its permit to operate and to

closure under Section 42.073 to the same extent and in the

same manner as a licensed child-care facility is subject to

that section.



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____________________________________________________

City Council shall convene into closed executive session to consult

with City Attorney to seek legal advice, pursuant to § 551.071 of the

TEXAS GOVERNMENT CODE, concerning the development by ridge along

Dallas Avenue in the City of Lancaster, Texas.

____________________________________________________


Goal: Professional and Committed City Workforce

____________________________________________________

Executive Session matters.

____________________________________________________


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_______________________________________________________

Reconvene into open session. Consider and take appropriate action(s), if

any, on closed/executive session matters.

_______________________________________________________


Goal: Professional and Committed City Workforce

_______________________________________________________

This agenda item allows City Council to take action necessary, if any, on item(s) discussed in Executive Session.

_______________________________________________________


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